- Volume 23, Issue #8
- Maryland Appeals Court Overturns Default Judgment Due To Process Of Service Failure
ANNAPOLIS, Md. - The Maryland Court of Special Appeals on May 27 overturned a default judgment against a Baltimore City landlord for failure to follow requirements in the state's "Reduction In Lead Risk in Housing" law. The appeals court held that the administrative law judge failed to correctly determine whether the landlord had been properly served papers by the Maryland Department of the Environment's (MDE) administrative complaint, order and penalty (Keith N. Wilson v. Maryland Department of the Environment, No. 2551, Md. Spec. App., Sept. Term, 2012; 2014 Md. App. LEXIS 48).
- Pennsylvania Magistrate Judge Rules Associations Have Standing In Clean Water Suit
PITTSBURGH - A federal magistrate judge in the Western District of Pennsylvania on May 28 held that three individuals living in Ford City, Pa., as well as two environmental associations have standing to proceed with several consolidated actions filed under the federal Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA) against the Borough of Ford City, Pa., PPG Industries Inc. and the Buffalo & Pittsburgh Railroad Inc. (BPRI) for failure to file permits for discharges into the Allegheny River (PennEnvironment, et al. v. PPG Industries Inc., et al., Nos. 13-342, 12-527, 13-1395, 13-1396 and 14-229, W.D. Pa.; 2014 U.S. Dist. LEXIS 72335).
- Pennsylvania Federal Judge Dismisses Administrative Claim In Lead Dust Suit
PITTSBURGH - A federal judge in the U.S. District Court for the Western District of Pennsylvania on June 4 dismissed claims against the U.S. Environmental Protection Agency and an EPA employee for violations of the Freedom of Information Act (FOIA), the Administrative Procedure Act (APA), as well as for negligence and due process violations, saying the EPA and its employee are protected under sovereign immunity and that the claims lack subject matter jurisdiction and fail to state a cognizable cause of action (Jacquelyn V. N'Jai v. U.S. Environmental Protection Agency, et al., No. 13-1212, W.D. Pa.; 2014 U.S. Dist. LEXIS 75712).
- Panel Upholds Denial Of Apportioning Defense To Insolvent Insurer
NEW YORK - A trial court justice correctly declined to apportion defense to an insolvent insurer not named in an insured's lawsuit regarding coverage for an infant's lead poisoning, a New York appeals panel affirmed April 3 (Karen Manor Associates LLC, et al. v. Virginia Surety Company Inc., et al., No. 11701 307128/09, N.Y. App. Div., 1st Dept.).
- EPA Settlement Will Fund Blood-Lead Testing For Children In Hawaii
HONOLULU - The U.S. Environmental Protection Agency Region 9 announced in a press release on June 4 that a settlement with Destination Maui Inc. valued at $55,000 will fund blood-lead testing for 350 children at health clinics operated by Malama I Ke Ola Health Center that serve low-income and homeless residents in Maui.
- EPA Penalizes Missouri Renovation Firm For Violations Of Lead-Paint Rules
LENEXA, Kan. - The U.S. Environmental Protection Agency Region 7 said in a press release issued June 2 that it has ordered a Missouri renovation company to pay $9,548 in civil penalties to settle allegations it violated the agency's Renovation, Repair and Painting (RRP) Rule.
- Expert Index