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Taft's environmental attorneys 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.
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New EPA Guidance Regarding Tenants As Bona Fide Prospective Purchasers
On December 5, 2012, the U.S. Environmental Protection Agency ("EPA") released a new guidance document entitled "Revised Enforcement Guidance Regarding Treatment of Tenants Under the CERCLA Bona Fide Prospective Purchaser Provision" ("2012 BFPP Guidance"). The 2012 BFPP Guidance is the EPA's latest version and continues to extend the bona fide prospective purchaser defense ("BFPP") to tenants who meet the BFPP criteria.
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Contractor Not Responsible For Sub's RCRA Liability
A recent federal court decision found that an environmental contractor was not liable under RCRA simply because it hired a subcontractor that performed a wrongful act, even though the act resulted in the release of a hazardous waste into the environment. In National Exchange Bank and Trust v. Petro-Chemical Systems, Inc., et al., 2012 WL 6020023 (E.D. Wisc. Dec. 3, 2012), a contractor, Petro-Chemical Systems, was hired to test the tightness of an underground fuel oil storage tank. Petro-Chemical subcontracted this work to Tanknology, Inc. Tanknology's technician performed the test, which included disconnecting pipes to the furnace and reconnecting them. An investigation showed that the piping from the tank was reconnected backwards, which the parties agreed led to a buildup of pressure that caused the seals on the pumps to fail. Approximately 550 gallons of fuel oil spilled from the broken seals and entered into the basement. Some of the fuel oil was suspected of having seeped into the soil below the basement. » continue reading |
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Reynoldsburg Decision Limits Home Rule
In City of Reynoldsburg v. Pub. Util. Comm'n, Sup. (Slip Opinion No. 2012-Ohio-5270), the Supreme Court of Ohio has provided another apparent limit to the Home Rule authority of Ohio municipalities. The Court held that an electric utility's tariff imposing fees on a political subdivision for relocating utility-owned infrastructure in a public right-of-way superseded a local ordinance imposing relocation fees on the utility. In reaching this result, the Court reasoned that because the Public Utilities Commission of Ohio ("PUCO") is established by a law of general application the electric utility company's tariff was also a law of general application. The Court rejected arguments that the local ordinance was within the authority granted to local government and further rejected arguments that a tariff provision, approved by the PUCO but drafted by the utility company, was not a law of general application. » continue reading |
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Indiana Court of Appeals Issues Decisions Interpreting Liability Under Environmental Legal Action Statute
On October 22, 2012, in Richmond Center, LLC v. Deutz Corporation (No. 89A01-1109-PL-416), Indiana's Court of Appeals clarified Indiana's Environmental Legal Action statute (the "ELA"), Ind. Code § 13-30-9, holding that circumstantial evidence, specifically expert testimony, may be utilized to prove whether an entity "caused or contributed" to contamination. The court also stated that a nexus between the alleged polluter's conduct and the contamination must be shown before the alleged polluter can be held liable under the ELA.
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EPA Finalizes Stricter Clean Air Standards for Soot Emissions
New Clean Air Act standards for fine particulate matter ("PM2.5"), including soot, were recently announced by the United States Environmental Protection Agency ("EPA"). EPA reduced the National Ambient Air Quality Standard for PM2.5 from 15.0 micrograms per cubic meter (µg/m3) to 12.0 µg/m3. EPA's action came in response to the U.S. Court of Appeals for the District of Columbia Circuit decision which required EPA to clarify how the PM2.5 standard affords necessary protection from short- and long-term exposures to soot, placing emphasis on protecting at-risk populations like children.
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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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