Recent Posts

Homeowner Environmental Responsibilities For Septic Sewage Systems
Posted on 29 Apr 2013 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ Massachusetts Title V Septic Regulations Frequently Asked Questions (FAQ) About 1/3rd of all homes in Massachusetts are dependent upon septic systems, rather than municipal sewer. These include some of the toniest Metrowest... Read More

State Net Capitol Journal Legislative Updates: States' Transportation Funding Needs Trumping Tax Aversion
Posted on 15 Apr 2013 by State Net

STATES' TRANSPORTATION FUNDING NEEDS TRUMPING TAX AVERSION : This month Virginia's Republican-controlled House and GOP-Democrat-split Senate gave final approval to a $6 billion transportation funding overhaul proposed by the state's Republican... Read More

Mountain States Legal Foundation: Alaska Landowners Fight Dismissal of Land Seizure Case
Posted on 11 Mar 2013 by William Perry Pendley

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation Property owners in Juneau and Seward, for themselves and others throughout Alaska, have responded to attempts by State of Alaska Department of Natural... Read More

Solar Trade Group Reports Surge in U.S. Installations
Posted on 29 Mar 2013 by Troutman Sanders

Partly driven by an oversupply of cheaper panels from China, the domestic solar market had its best year in 2012, with the growth in installations outpacing that of the global market, according to an annual report. The report, from the Solar Energy... Read More

State Net Capitol Journal Legislative Updates: New York Assembly Approves Moratorium on Fracking While Cuomo Delays Decision
Posted on 11 Mar 2013 by State Net

ENERGY: The NEW YORK Assembly approves AB 5424-A, a bill that would impose a two-year moratorium on the natural gas and oil drilling method of hydraulic fracturing, or fracking. It is now in the Senate (STATE NET, BLOOMBERG). GOVERNORS IN BRIEF: NEW... Read More

Babst Calland: Sixth Circuit Rules that EPA May Pursue New Source Review Enforcement Actions Without Having to Wait for Actual Emissions Data: But Can EPA Prevail on the Merits?
Posted on 29 Apr 2013 by Babst Calland

In DTE Energy Co. v. EPA (March 28, 2013) [ enhanced version available to lexis.com subscribers ], the Sixth Circuit determined a procedural aspect of EPA's enforcement authority under the New Source Review (NSR) program of the Clean Air Act. The... Read More

Disposal Of Hazardous Waste Materials Resulting From Oil And Gas Well Drilling Operations Not A Pollution Event For Insurance Endorsement
Posted on 1 May 2013 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Colony Insurance Company v. Bear Products, Inc ., 2013 U.S. Dist. LEXIS 43716 (E.D. Okl. Mar. 26, 2013) [ enhanced version available to lexis.com subscribers... Read More

9/11 and the CERCLA “War Risk” Exclusion
Posted on 11 Apr 2013 by Randy J. Maniloff

By Randy J. Maniloff, White and Williams, LLP New York Federal Court Holds That September 11th Was An "Act Of War" In the immediate aftermath of the September 11, 2001 attacks, there was intense political pressure on the insurance industry... Read More

EPA proposes new hazardous waste recycling regulations to address environmental justice concerns
Posted on 17 Jul 2011 by Thomas H. Clarke, Jr.

EPA is has released for public comment its draft expanded environmental justice analysis of the 2008 definition of solid waste. The draft evaluates the rule’s potential impact on low-income and minority communities. EPA is also requesting public... Read More

Tenants Might Breathe a Little Easier
Posted on 12 Mar 2013 by Williams Mullen

By William A. Anderson, II In new guidance, the Environmental Protection Agency (EPA) has expanded the classes of tenants that, in the exercise of its enforcement discretion, it may consider Bona Fide Prospective Purchasers (BFPPs) on a site-specific... Read More

ExxonMobil Found To Be Negligent and Ordered To Pay $236 Million For MTBE Contamination To Groundwater
Posted on 10 Apr 2013 by LexisNexis Environmental Law Community Staff

CONCORD, N.H. - (Mealey's) A state court jury in New Hampshire on April 9 found that ExxonMobil Corp. was negligent in adding methyl tertiary butyl ether (MTBE) to gasoline and that it should pay $236 million to remediate groundwater contamination... Read More

Jenner & Block: DOJ Not Required To Produce Interagency Memorandum in CERCLA Case
Posted on 28 Mar 2013 by Steven M. Siros

A recent Seventh Circuit decision rejected a PRP's efforts to obtain interagency memorandum and other communications between the Environmental Enforcement and the Environmental Defense Sections within the United States Department of Justice ("DOJ"... Read More

Court Rules In 2013 That Mining Environmental Contamination Going Back To Late 1800’s Covered By Insurance Issued In 1950’s
Posted on 30 Apr 2013 by Seth Lamden

by Seth Lamden , Partner, Neal, Gerber & Eisenberg LLP The court in Doe Run Resources Corporation v. Certain Underwriters at Lloyd's London , No. ED98086, 2013 Mo. App. LEXIS 468 (April 16, 2013) [ enhanced version available to lexis.com subscribers... Read More

Jenner & Block: Insurer Unable To Step Into CERCLA Shoes Of Insured
Posted on 11 Apr 2013 by Steven M. Siros

A recent Ninth Circuit decision limited the ability of an insurer to seek CERCLA contribution and/or cost recovery from potentially responsible parties ("PRPs"). In Chubb Custom Insurance Company v. Space Systems/Loral et al. , [ enhanced version... Read More

State Net Capitol Journal Legislative Updates: Hunting Bison in Montana and Deer in Indiana
Posted on 22 Apr 2013 by State Net

ENVIRONMENT: The MONTANA House rejects SB 143, a bill that would have increased the number of hunting licenses for bison and prohibited the future relocation of the animals (HELENA INDEPENDENT RECORD]). • The INDIANA House approves SB 487, a bill... Read More