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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.

Frank Deveau and David Guevara Author ABA Book Titled The Bona Fide Prospective Purchaser Defense      


Frank J. Deveau  

fdeveau@taftlaw.com 

(317) 713-3520

LinkedIn  

 

David L. Guevara

dguevara@taftlaw.com 

(317) 713-3453

LinkedIn 


Frank Deveau and David Guevara, have authored a new book titled The Bona Fide Prospective Purchaser Defense: A Guide for Lawyers. The book, published in June 2013 by ABA Book Publishing, was sponsored by the ABA's Tort Trial and Insurance Practice Section. Frank and David also designed and edited Environmental Liability and Insurance Recovery, published by ABA Book Publishing in May 2012.      

 

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SCOTUS to Review Decision Invalidating CSPAR    


Bradley R. Sugarman 

bsugarman@taftlaw.com 

(317) 713-3526

LinkedIn 


EPA's petition for certiorari to the U.S. Supreme Court to review the D.C. Circuit's decision invalidating the Cross-State Air Pollution Rule ("CSAPR") was granted on June 24.  The Court consolidated EPA's petition with the American Lung Association's petition regarding CSAPR, but limited its review to the questions presented in EPA's petition.        

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Paper Violation or Environmental Conspiracy?: Wal-Mart agrees to pay $82 million for nationwide improper hazardous waste management            

 

Melissa A. Gardner 

mgardner@taftlaw.com 

(317) 713-3552    

LinkedIn 


On May 28, 2013, Wal-Mart Stores, Inc. ("Wal-Mart") entered into two plea agreements ("Plea Agreements") and one consent agreement and final order ("CAFO") for misdemeanor and civil violations of the Clean Water Act ("CWA"), the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA") and the Resource Conservation and Recovery Act ("RCRA"). Wal-Mart settled with the government after several cases were brought against it by the Department of Justice in San Francisco, Los Angeles and Missouri, in addition to a civil suit brought by the U.S. Environmental Protection Agency ("EPA"). Initial investigations commenced in November 2005 when the United States Attorney's Office for the Central District of California, subsequently joined by the U.S. Attorney's Office for the Northern District of California, sought information relating to Wal-Mart's "receipt, transportation, handling, identification, recycling, treatment, storage and disposal of certain merchandise that may constitute hazardous materials or hazardous waste." In January 2008, the U.S. Attorney's Office for the Western District of Missouri and the EPA "opened an investigation regarding pesticides that were shipped to a third-party contractor with whom the company had contracted for recycling services.

 

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EPA v. Eight is Enough: West Virginia Federal Court to Rule on EPA's Attempt to Regulate Poultry Farm  


Julian Harrell 

jharrell@taftlaw.com 

(317) 713-3410


On June 14, 2012, Lois Alt ("Alt"), the owner of Eight is Enough, a small poultry farm in Old Fields, West Virginia, filed suit against the United States Environmental Protection Agency ("EPA") in the United States District Court for the Northern District of West Virginia. Alt asked the court to determine the validity of a compliance order (the "Compliance Order") she received from the EPA. The Compliance Order directed Alt to obtain a permit under the Clean Water Act ("CWA") for alleged discharges flowing from her poultry farm operation.

 

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President Obama Takes Measures to Limit Carbon Production from Existing Power Plants   

 

Zachary D. Kravitz 

zkravitz@taftlaw.com 

(614) 334-6117     

LinkedIn  

 

In a speech given at Georgetown University on June 25, President Obama outlined his plan for executive action on climate change. President Obama's Climate Action Plan is said to be a "broad-based plan to cut the carbon pollution that causes climate change and affects public health." The plan points out that there is no federal rule preventing existing power plants from releasing carbon pollution, and there are no federal standards in place limiting carbon pollution emitted by power plants. As such, President Obama is issuing a presidential memorandum directing the EPA to work quickly to finalize carbon pollution standards for both new and existing power plants.

 

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Arsenic: IDEM Announces Use of New Screening Levels     

Bradley R. Sugarman 

bsugarman@taftlaw.com 

(317) 713-3526

LinkedIn 


On July 9, 2013, the Indiana Department of Environmental Management (IDEM) announced that it will allow the use of new screening levels for arsenic at sites undergoing investigation or remediation.  IDEM's levels are derived from United States Environmental Protection Agency's recent revisions to its direct contact screening levels for arsenic       

 

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Mindful of Manure: Federal Court Decides Cow Pies Could Be Regulated Waste             

Melissa A. Gardner 

mgardner@taftlaw.com 

(317) 713-3552    

LinkedIn 


In June 2013, the Eastern District of Washington federal court denied a motion to dismiss filed by a group of dairy farmers who were sued by the Community Association for Restoration of the Environment, Inc. ("CARE") in four separate cases. CARE brought this lawsuit under the citizen suit provisions of the Resource Conservation and Recovery Act ("RCRA") alleging that manure generated by dairy farmers constitutes a "solid waste," as defined by RCRA, when it is not used strictly as a fertilizer. The Court found that whether the dairy cow manure was "solid waste" under RCRA was a question of fact unsuitable to be decided prematurely.

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July 2013 Issue
Frank Deveau and David Guevara Author ABA Book
SCOTUS to Review Decision Invalidating CSPAR
Paper Violation or Environmental Conspiracy?
EPA v. Eight is Enough
President Obama Takes Measures to Limit Carbon Production
Arsenic: IDEM Announces Use of New Screening Levels
Mindful of Manure