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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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Indiana Legislature Unexpectedly Axes Property Transfer Law
The Indiana General Assembly recently voted to repeal the Indiana Responsible Transfer Law ("RPTL") as part of House Enrolled Act No. 1005. After July 1, 2014, however, the RPTL will no longer remain in force. The repeal applies to relevant definitions listed throughout IC 13-11, such as the definition of "property" in IC § 13-11-2-174 and other RPTL provisions that are codified at IC §§ 13-25-3 et seq. |
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United States Supreme Court Keeps Insurance Company From Seeking Recovery of Payments Under CERCLA Claim
The United States Supreme Court recently refused to review a 9th U.S. Circuit Court of Appeals decision barring an insurer's attempt to seek recovery of insurance payments made to a policy holder in a Superfund cost recovery action. Chubb Custom Ins. Co. v. Space Sys./Loral LLC, U.S., cert. denied 1/13/14. In Chubb Custom Ins. Co. v. Space Sys./Loral LLC, 710 F. 3d. 946 (9th Cir. 2013), Chubb Custom Insurance Company ("Chubb") filed a subrogation suit against defendants seeking recovery of insurance payments it made to its insured for environmental cleanup costs. Defendants were potentially responsible parties ("PRPs") who had contaminated the insured's property. Chubb asserted its claim under two sections of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"). Affirming the district court's ruling, the 9th Circuit held that Chubb had no standing to file suit under CERCLA section 107(a) because it did not incur any response costs. Additionally, Chubb could not file suit under section 112(c) because it did not allege that the insured was a claimant, as required.
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Privileged or Not? Reevaluating the "Primary Purpose" of Communications in Internal Investigations
On March 6, 2014, the United States District Court for the District of Columbia issued a ruling that challenged traditional norms regarding the applicability of the attorney-client privilege and work-product doctrine to certain materials generated during internal investigations.
In U.S. ex rel. Harry Barko v. Halliburton Co., et al., No. 1:05-CV-1276, (D.D.C. March 6, 2014), the court addressed Plaintiff Harry Barko's ("Barko") motion to compel the defendants to produce documents related to the defendants' Code of Business Conduct investigations. Specifically, Barko sought information regarding the findings from the defendants' internal audits and investigations in connection with alleged abuse of government contracts. Barko filed the motion after the defendants withheld certain responsive documents on claims of attorney-client privilege and work-product doctrine. The court ordered the defendants to produce the documents for the court's review, which revealed damaging information tending to support the allegations of the defendants' widespread misconduct.
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Yurick to Present at NBI FRAC Law Seminar
Taft partner Mark Yurick will be one of four presenters at the National Business Institute seminar "FRAC Law: From Land Contract Negotiations to Environmental Disputes," which will take place on July 17 from 9:00 a.m. - 4:30 p.m. at the Holiday Inn in Worthington, Ohio. The seminar will address the major growth of U.S. shale, gas and oil production and will offer practical tips to landowners and oil/gas companies on taking advantage of the industry boom. In addition, the seminar will uncover what industry professionals (attorneys, real estate professionals, oil and gas industry professionals, developers, surveyors, mortgage lenders and paralegals) need to know about the key legal issues in oil and gas exploration. Mark's presentation, "Legal Ethics in Energy Law," will cover: - Multiple Representation
- Conflicts of Interest
- Attorney Fees
- Protecting Confidentiality
Additional information on the program and how to register is available on the National Business Institute's website. |
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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.
These materials have been prepared by Taft Stettinius & Hollister LLP for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. No person or organization should act upon this information without first seeking professional counsel.
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