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U.S. Supreme Court refuses to clarify Rapanos, at least for now
Posted on 27 Oct 2008 by Thomas H. Clarke, Jr.

Demonstrating what can only be referred to as a foolish optimism, counsel in a criminal CWA case sought to have the meaning of "waters of the U.S." clarified, given the 3-way split in Rapanos. Robert Lucas et al were convicted of knowingly discharging... Read More

Science advisory panel questions FDA's conclusions on Bisphenol A
Posted on 29 Oct 2008 by Thomas H. Clarke, Jr.

In prior posts various studies have been reported that have raised questions about the potential adverse impacts on human health of BPA; it has also been noted that FDA saw no reason for concern, given current rates of exposure, relying on two industry... Read More

Marten Law Group on Burlington Northern & Santa Fe Railway Co. v. United States
Posted on 11 May 2009 by Bradley M. Marten

In this Emerging Issues Analysis, Brad Marten of Marten Law Group discusses the U.S. Supreme Court’s momentous 8-1 decision in Burlington Northern & Santa Fe Railway Co. v. United States. In that case, the court narrowed arranger liability under... Read More

Legal News Video Update - May 3, 2010
Posted on 3 May 2010 by LexisNexis Emerging Issues Community Staff

Among the stories on this video edition of LexisNexis Legal News, the U.S. Supreme Court finds a judge erred in enjoining Congress from transferring government land on which a Christian cross stands into private hands, but affirms that a shareholder derivative... Read More

EPA lowers standard for airborne lead by factor of ten
Posted on 17 Oct 2008 by Thomas H. Clarke, Jr.

On Wednesday, EPA substantially reduced the national ambient air quality standards (NAAQS) for lead; the revised standards are 10 times tighter than the previous standards. The primary (health-based) standard has been reduced from 1.5 micrograms per cubic... Read More

California's DTSC warns lenders that they are required to properly clean up hazardous wastes found on foreclosed residential properties
Posted on 4 Nov 2008 by Thomas H. Clarke, Jr.

California's Department of Toxic Substances Control, a division of Cal-EPA, has issued a press release reminding lenders who foreclose on residential properties and the restoration companies that are contracted to prepare the homes for resale that... Read More