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U.S. High Court Declines To Hear Dispute Over Transfer Of Pollutants In Water

WASHINGTON, D.C. - (Mealey's) The U.S Supreme Court on Nov. 29 denied a petition for certiorari filed by environmental groups in Florida over whether the transfer of water pollutants from one body of water to another constitutes an "addition" of pollutants to navigable waters therefore...

Farm Bureau Sues EPA Over Chesapeake Bay Cleanup

HARRISBURG, Pa. - (AP) Two farmers' organizations sued the federal government Monday over a Chesapeake Bay cleanup plan, challenging the legality of its pollution standards and asking a judge to keep them from being enforced or applied. The American Farm Bureau Federation and the Pennsylvania Farm...

Columbia Law School Center for Climate Change Law: Report Finds that Climate Change Could Affect Indoor Air Quality

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On June 7, 2011, the Institute of Medicine of the National Academies issued a report, Climate Change, the Indoor Environment, and Health , finding that climate change could affect indoor environments as outdoor conditions change...

Oil Company Sued Over Chronic California Spills

SAN FRANCISCO - (AP) Government regulators sued an oil company Friday over 21 spills of crude oil and other harmful pollutants in Santa Barbara County waterways over five years. The complaint claims Greka Oil & Gas Co., now known as HVI Cat Canyon Inc., failed to adopt adequate plans for spill prevention...

The manufacturer of PCE dry cleaning machine filtering system is not a CERCLA arranger

Since 1980, Team Enterprises, LLC leased space in a shopping center in Modesto, California, where it operated a dry cleaning store. From 1980 to 2004, Team used PCE in its dry cleaning equipment, and the machines generated wastewater containing PCE. Team used Puritan Rescue 800 filter-and-still combination...

Troutman Sanders LLP: EPA Proposes New Short-Term Secondary NOx and SOx Air Standards But Rejects Potentially Stricter New Approach to Determining Standards

To the dismay of environmental groups, the U.S. Environmental Protection Agency ("EPA") on July 13 declined to adopt a long-anticipated new method of setting a combined secondary national ambient air quality standard ("NAAQS") for nitrogen oxides ("NOx") and sulfur oxides...

Application of Exclusion to Drywall Claim Does Not Render Coverage Illusory

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP The United States District Court for the Southern District of Florida has held on several occasions that the pollution exclusion applies to Chinese drywall claims. See, e.g., CDC Builders, Inc. v. Amerisure Mut. Ins. Co., 2011...

Florida Federal Court: Pollution Exclusion Applies To Chinese Drywall Claims

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP The United States District Court for the Southern District of Florida has held on several occasions that the pollution exclusion applies to Chinese drywall claims. See, e.g., CDC Builders, Inc. v. Amerisure Mut. Ins. Co., 2011...

U.S. EPA Considering Limiting Self-Disclosure Incentives

By Steven M. Siros, Partner, Jenner & Block Under U.S. EPA's current audit policy, companies that self-disclose environmental violations may be entitled to the elimination or reduction of penalties for non-compliance. However, U.S. EPA recently announced that it is considering limiting the...

Photoelectric Cells to Dye For - Solar Power From Indoor Lights

Is it possible to efficiently harness the often dim and indirect light found inside a room (e.g., from incandescent bulbs, fluorescent tubes, compact fluorescent bulbs, and light emitting diodes). The answer would now appear to be "yes." A Walsh firm claims to have taken the efficiency of...

U.S. Supreme Court Finds Sewer System’s Discharges Did Not Violate CWA

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court yesterday held that a California storm sewer system operator's discharges into navigable waterways did not violate the Clean Water Act (CWA), holding that the flow of water from an improved portion of a navigable waterway to an unimproved portion...

Missouri Federal Court Holds Pollution Exclusion Inapplicable to Exposure to Fumes

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in United Fire & Casualty Co. v. Titan Contractors Service, Inc ., 2013 U.S. Dist. LEXIS 10716 (E.D. Mo. Jan. 28, 2013), the United States District Court for the Eastern District of Missouri, applying...

Traub Lieberman Insurance Law Blog: Minnesota Supreme Court Applies Pollution Exclusion to Carbon Monoxide

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Midwest Family Mut. Ins. Co. v. Wolters , 2013 Minn. LEXIS 304 (Minn. May 31, 2013) [ enhanced version available to lexis.com subscribers ], the Minnesota Supreme Court had occasion to consider whether...

Absolute Pollution Exclusion Still Unenforceable in Indiana

By Seth Lamden The Insurance Committee of the Indiana State Senate has voted 6 to 3 against House Bill 1241 , which would have amended the Indiana Insurance Code to specify the manner in which the term "pollutant" must be construed in liability insurance policies. By way...

Supreme Court Rejects Premise For GHG Tailoring Rule, But Largely Maintains EPA’s Authority To Set GHG Emission Limits

By Deborah E. Jennings , Catherine B. Campbell , and Andrew B. Schatz In a split decision, the United States Supreme Court confirmed the Environmental Protection Agency’s authority to regulate greenhouse gas (GHG) emissions from new and modified stationary sources that are required to obtain...

Pollution Exclusion and Lead: Supreme Court Declines To Follow Some Others’ Lead

It has become difficult to find a pollution exclusion case that warrants discussion. In general, while each case is different, they also often have so many similarities. As a result I’ve resorted to discussing cases that address whether the pollution exclusion applies to seemingly peculiar substances...