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Taft's Environmental Practice provides nationally recognized services in the areas of trial practice, Superfund defense and negotiation, enforcement defense, cost-recovery for plaintiffs and defendants, criminal environmental defense, environmental insurance and toxic tort litigation, mold and sick building litigation, lawsuits involving environmental problems discovered as a result of real property transfers or mergers and acquisitions, Brownfields redevelopment, defense of claims of occupational exposures, and administrative proceedings before state and federal agencies. Taft's environmental lawyers also regularly are engaged in insurance disputes concerning environmental issues and agricultural issues involving CAFOs and CFOs. As a Taft client, you can utilize the capital of 29 intensely motivated and focused attorneys in all facets of environmental law. |
Why Your Business Needs to Locate Your Old Insurance Policies
If a lawsuit was filed against your business today for activities that happened years ago, would you be able to prove that you had insurance? Would you be able to notify your past insurers of the claims?
In The Travelers Ins. Cos. v. Maplehurst Farms, Inc., Case No. 49A04-1006-PL-394 (Ind. Ct. App. Aug. 24, 2011), the Indiana Court of Appeals held that an insured could not recover costs incurred in defense and settlement of claims where the costs were incurred before the insured notified its insurers of the claims.
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Court Grants Detroit Edison's Motion for Summary Judgment in New Source Review Enforcement Action
On August 23, 2011, the District Court for the Eastern District of Michigan granted Detroit Edison's motion for summary judgment in a New Source Review ("NSR") enforcement action brought by the United States. According to the Court, summary judgment was appropriate because the Government's lawsuit was premature.
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President Withdraws New Ozone Standard
On September 2, 2011, in a move that surprised both businesses and environmentalists, President Obama instructed EPA to withdraw the draft ozone ambient air quality standards, promising reconsideration of the standard in 2013 based upon an updated review of the science. The President cited the need to reduce regulatory burdens and uncertainty while the economy recovers.
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ODNR Policy Violated Lake-Side Property Owners' Rights
Consistent with Ohio's Constitution and its historical case law, the Ohio Supreme Court once again strongly protected property rights in the September 14 case of State ex rel. Merrill v. Ohio Dept. of Natural Resources, Slip Opinion No. 2011-Ohio-4612. The impetus for the litigation was the Ohio Department of Natural Resources' (ODNR) policy prohibiting property owners abutting Lake Erie from exercising property rights over all land lakeward of the ordinary high-water mark, despite the inclusion of that area in the plaintiffs' deeds, unless the owner entered into a lease with, and paid a fee to, ODNR. The plaintiff littoral-property owners sued ODNR and the State of Ohio to obtain declaratory relief narrowing the Lake Erie public trust boundary or, in the alternative, compensation for the alleged taking of their property.
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Federal Court Dismisses CERCLA Contribution Claims
A federal court in the Northern District of Illinois granted a motion dismissing all claims against a defendant facing CERCLA contribution claims, holding that the defendant's acquisition of the assets of an alleged polluter was too remote for the defendant to be held liable.
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Summary of CO NAAQS Rule Published
August 31, 2011
On August 31, 2011, the EPA promulgated a rule retaining the current primary national ambient air quality standard ("NAAQS") for carbon monoxide ("CO"). Review of National Ambient Air Quality Standards for Carbon Monoxide, 76 Fed. Reg. 54,294 (August 31, 2011) (to be codified at 40 C.F.R. pts. 50, 53 & 58).
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Hundreds of Endangered Species?
On September 9, 2011, a federal district court in Washington D.C. approved two settlements with two environmental groups that sought to force the U.S. Fish and Wildlife Service to decide whether or not to list more than 700 plant and animal species as endangered. In re Endangered Species Act Section 4 Deadline Litigation, MDL No. 2165, D.D.C. No. 1:10-MC-377 (September 9, 2011).
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