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Occupational Safety and Health Claims
Published: February 6, 2012
Tom Terp and Kim Burke co-authored the chapter "Occupational Safety and Health Claims" in the Business and Commercial Litigation in Federal Courts, Third Edition, Volume 8, Chapter 91. The Treatise was published in December 2011 by Thomson Reuters and the American ...
IRS Reopens Offshore Voluntary Disclosure Program
Published: January 26, 2012
The Internal Revenue Service recently reopened its Offshore Voluntary Disclosure Program (OVDP) as a part of its efforts to help people hiding offshore accounts get current with their taxes.
The IRS decided to reopen the OVDP following an influx of ...
Supremes Slam U.S. EPA’s Wetlands Heavy-Handedness During Oral Argument
Published: January 24, 2012
Justice Alito called EPA’s position “outrageous.” This was one of the many barbs aimed at EPA during oral argument in Sackett v. EPA, a case where property owners seek pre-enforcement judicial review of an EPA administrative order.
The Sacketts wanted to ...
Portland Cement Facilities Challenge New EPA Rules
Published: January 22, 2012
On December 9, 2011, the United States Court of Appeals for the District of Columbia invalidated and delayed the implementation of certain provisions in the United States Environmental Protection Agency’s (“EPA”) new rules governing hazardous pollutants emitted from cement kilns. ...
Employer Not Liable Under CERCLA For Employee's Actions
Published: January 20, 2012
On November 9, 2011, the United States District Court for the District of Minnesota (No. 0:11-cv-00619-DWF-FLN), ruled that Northern States Power Company, through its wholly owned subsidiary Xcel Energy, (“Xcel”) was not liable for the unauthorized actions of its former ...
The Case Against Conversion Discounts for Convertible Debt
Published: January 20, 2012
Taft partner Howard Bobrow co-authored the article "The Case Against Conversion Discounts for Convertible Debt."
To read the article, click on the link below.
Court Prevents the EPA from Delaying Rules for Boilers and Incinerators
Published: January 18, 2012
On January 9, 2012, the District Court for the District of Columbia vacated the EPA’s May 18, 2011 “Delay Notice” that stayed effectiveness of a rule limiting emissions from industrial, commercial, and institutional boilers and another rule limiting emissions from ...
The $24 Million Vapor Intrusion Remedy
Published: January 13, 2012
The filing of an amended consent decree to an old Superfund site recently caught the attention of environmental lawyers around the country because it added a vapor intrusion remedy to a decades-old site. See Joint Stipulation to Amend Consent Decree ( ...
EPA Issues Final Utility MACT Rule
Published: January 11, 2012
On December 16, 2011, the EPA finalized the new Mercury and Air Toxics Standard, which is widely referred to as the Utility MACT Rule (“Rule”). EPA also revised the new source performance standards for electric generating units (“EGU”). EPA has ...
U.S. v. NCR: California District Court Says Not So Fast to Successor Liability under APA
Published: January 9, 2012
In a recent article, we reported about the questionable December 19, 2011 decision of the United States District Court for the Eastern District of Wisconsin in U.S. v. NCR Corp., which held that an Asset Purchase Agreement (APA) created CERCLA liability ...
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