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William A. Ruskin
Thomas H. Clarke, Jr.
over 11 years ago
Environmental
Hazardous Waste
Under California's Polanco Act, owners of a right-of-way to property are not owners or operators for subsurface contamination they did not cause and had no duty to investigate
California's Polanco Act provides a powerful (some would say one sided) tool for Redevelopment Agencies to force the remediation of a site subject to redevelopment, or to cause PRP's to reimburse such agencies for the remedial cost outlays. [As...
William A. Ruskin
over 10 years ago
Litigation
Litigation Blog
William A. Ruskin: Pitfalls In Proving CERCLA Divisibility Of Harm
By William A. Ruskin In a stinging decision, the Hon. Lonny R. Suko , a federal district court judge sitting in the Eastern District of Washington, ruled on April 4, 2012, that PRP Teck Cominco Metals, Ltd. failed to prove that contamination at...
William A. Ruskin
over 10 years ago
Litigation
Litigation Blog
William A. Ruskin: Did the Supreme Court's 2009 BNSF Decision Change CERCLA Cost-Recovery Practice?
By William A. Ruskin The U.S. Supreme Court's decision in Burlington Northern Santa Fe Railway Co. v. United States , 129 S. Ct. 1870 (2009) [ enhanced version available to lexis.com subscribers ], examined two unsettled areas of CERCLA: (1) the...
Thomas H. Clarke, Jr.
over 11 years ago
Environmental
Environmental Law Blog
Under California's Polanco Act, owners of a right-of-way to property are not owners or operators for subsurface contamination they did not cause and had no duty to investigate
California's Polanco Act provides a powerful (some would say one sided) tool for Redevelopment Agencies to force the remediation of a site subject to redevelopment, or to cause PRP's to reimburse such agencies for the remedial cost outlays. [As...
LexisNexis Litigation Resource Community Staff
over 11 years ago
Litigation
News Headlines
Railroads Threatened With Lawsuits Over Diesel Exhaust
LOS ANGELES - (AP) An environmental group threatened to sue two of the nation's biggest rail owners Tuesday under a novel legal theory that would classify diesel exhaust as hazardous waste. The Natural Resources Defense Council sent letters to Union...