Taft's Environmental Practice is comprised of 29 motivated and focused attorneys who practice in all facets of environmental law, including 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 are regularly engaged in insurance disputes concerning environmental issues and agricultural issues involving CAFOs and CFOs. The purpose of this newsletter is to provide you with insights from our team that may be of interest to yours. |
Federal Agencies Begin New Toxicity Screening For 10,000 Chemicals
The National Institutes of Health (NIH) announced the beginning of a new "high-speed robotic screening system" to evaluate the potential human toxicity of 10,000 different compounds on December 7, 2011. The new screening system, known as "Tox21," is part of a collaboration between NIH, US EPA, and the US Food and Drug Administration. The vast array of compounds to be screened under the new Tox21 program are found in consumer products, food additives, industrial process chemicals, and human and veterinary drugs, and include some formulations and mixtures of various compounds.
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Will We See Federal Legislation Setting A Clean Energy Standard?
A Clean Energy Standard (CES) is a policy that requires covered electricity retailers to supply a specified share of their electricity sales from qualifying clean energy resources. Under a CES, electric generators would be granted clean energy credits for every megawatthour (MWh) of electricity they produce using qualifying energy sources. Utilities serving retail customers would use some combination of credits granted to their own generation or credits acquired in trade from other generators to meet CES obligations. Generators without retail customers or utilities that generate more clean energy credits than needed to cover their own obligations could sell CES credits to other companies. Currently, there is no comprehensive federal statute setting a CES. Some states have set their own CES, while others lag behind or are considering legislation to repeal their state CES.
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US EPA Redesignates Kentucky Portion of Cincinnati Metro Area As "Attainment" For Fine Particulate Matter
On December 15, 2011, US EPA issued a final rule approving a request from the Commonwealth of Kentucky to redesignate the Kentucky portion of the Cincinnati-Hamilton, Ohio-Kentucky-Indiana non-attainment area ("Tri-State Cincinnati-Hamilton Area") as "attainment" for the 1997 federal fine particulate matter (PM 2.5) National Ambient Air Quality Standards ("NAAQS") under the federal Clean Air Act.
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Measuring Green Building Initiatives in the Nonfederal...
The U.S. Government Accountability Office ("GAO") recently released a report entitled Green Building: Federal Initiatives for the Nonfederal Sector Could Benefit from More Interagency Collaboration. This report found 94 federal initiatives that foster "green building" in the nonfederal sector, meaning private, state, local, or tribal entities, which were being implemented by 11 agencies, including 18 initiatives by U.S. EPA as listed in the report. Green building initiatives were partly seen as a way to jumpstart economic growth during the great recession.
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EPA and DOE Release List of Sites to Receive Renewable Energy Review Under the RE-Powering America's Land Initiative
For a number of years, the United States Environmental Protection Agency (EPA) and the Department of Energy (DOE), through its National Renewable Energy Laboratory (NREL), have been in a partnership to evaluate the development of renewable energy on potentially contaminated sites. They call it the "RE-Powering America's Land Initiative." Through this partnership, EPA and NREL are evaluating the feasibility of developing renewable energy production on Superfund, brownfields, and former landfill or mining sites. EPA is investing approximately $1 million for projects across the United States aiming to revitalize abandoned sites while protecting people's health, the environment and providing economic benefits to local communities.
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Statutes Prohibiting Idemnity Clauses In Construction Contracts
Some states prohibit indemnity clauses in construction contracts that attempt to absolve a contractor for its own negligence.
In 2008, the Georgia Supreme Court struck down a limitation of liability clause under Georgia's anti-indemnity statute in Lanier at McEver, L.P. v. Planners and Engineers Collaborative, Inc.¸ 663 S.E.2d 240 (Ga. 2008). The facts were that a developer retained an engineering firm and paid it $81,514 to design a storm-water drainage system for a 220-unit apartment complex.
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Taft's Environmental Law Newsletter is used to inform our clients and friends of significant new developments and current issues in environmental law. For more information about Taft Stettinius & Hollister LLP, please visit http://www.taftlaw.com.
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