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Environmental Liability Environmental Violations

Bradley Arant Boult Cummings LLP

Environmental Liability in Bankruptcy: The Comprehensive Environmental Response, Compensation, and Liability Act Perspective

In general, environmental law seeks to protect public health and the environment by providing for liability, compensation, cleanup, and emergency response to the release or disposal of hazardous substances. And more...more

Goldberg Segalla

[Webinar] Environmental Inquiries and Inspections: Be Prepared to Respond - May 2nd, 12:00 pm - 1:00 pm EDT

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Whether it’s the Environmental Protection Agency, OSHA, or a state environmental regulator, facing an information request or site inspection can be unnerving. Join Goldberg Segalla partner Sarah B. Mangelsdorf as she reviews...more

Greenberg Glusker LLP

[Webinar] Environmental NOVs: Decode, Respond, and Prevail - January 25th, 10:00 am - 11:00 am PST

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This webinar will delve into environmental Notices of Violation (NOVs) issued by government agencies, private entities, and citizen groups. - Explore the various NOV categories - Gain insights into NOV interpretation ...more

Nossaman LLP

Ninth Circuit Issues Decision Upholding its Interpretation of “Discharged” for Clean Water Act NPDES Violations

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On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more

Nossaman LLP

Ninth Circuit Issues Clean Water Act Opinion Addressing Indirect vs. Direct Discharge and Notice Requirements

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On November 21, 2023, the Ninth Circuit Court of Appeals issued its decision in Cottonwood Environmental Law Center vs. Edwards addressing various Clean Water Act issues. Its two key holdings were that (1) the district court...more

Integral Consulting Inc.

Considering Environmental Justice in Natural Resource Damage Assessment - Injury to Recreation Resources

Abstract - Determining the amount of restoration needed to compensate the public for injury to natural resources is central to estimating natural resource damages (NRDs). Formal restoration scaling methods have not...more

Latham & Watkins LLP

European Commission Launches Call for Evidence on Revisions to Key EU Environmental Frameworks

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The consultations invite stakeholders’ views on the Environmental Liability Directive and the Waste Framework Directive. In May 2022, the European Commission (Commission) issued public consultations in relation to the...more

Barnea Jaffa Lande & Co.

Illegal Spilling of Sewage Water into Sea Leads to Significant Fine

The Tel Aviv Magistrates’ Court has set a fine totaling ILS 340,000 on Kishle House (which operates the Setai Hotel in Jaffa) and on two company officers after the Israeli Ministry of Environmental Protection filed an...more

Barnea Jaffa Lande & Co.

Officers’ Responsibility for Ecological Disaster

Barnea Jaffa Lande & Co. on

About seven years ago, one of the worst ecological disasters in Israel’s history occurred. During work to divert an oil pipeline, one of the old pipelines belonging to the government company Eilat Ashkelon Pipeline Co. Ltd....more

Holland & Knight LLP

Proyectos de Ley que pretenden modificar o derogar la Ley 1333/2009 en Colombia

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Actualmente cursan en el Congreso de la República de Colombia dos proyectos de ley que pretenden modificar o derogar la Ley 1333 de 2009. Por un lado se encuentra el Proyecto de Ley 146 — Senado "Por la cual se modifica la...more

Burr & Forman

Toxins-Are-Us: Bankruptcy Treatment of Environmental Liabilities

Burr & Forman on

Since taking office, President Joseph R. Biden has confirmed his commitment to addressing environmental issues. On April 9, 2021, he proposed allocating $14 billion toward initiatives to fight climate change, including large...more

Wiley Rein LLP

The Current and Future Landscapes of EPA Criminal and Civil Enforcement

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In this episode of Green Earth White Collar, Wiley Associates Grace Mahan and Holly Wilson discuss the trends they’ve seen in EPA criminal and civil enforcement over the last year and share their predictions for EPA...more

Vinson & Elkins LLP

[Webinar] Navigating Environmental Enforcement in the Biden Administration - March 10th, 12:00 pm - 1:00 pm CT

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While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more

Holland & Knight LLP

When Considering Bankruptcy, Don't Forget About Environmental Obligations

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With economic downturn comes bankruptcy. It is often observed that the intersections between the U.S. Bankruptcy Code and environmental law can create conflict, because while many federal and state environmental statutes seek...more

BCLP

Enforcement Undertakings: The Shifting Landscape of Environmental Criminal Liability

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In recent years, there has been a fundamental change in the way that breaches of environmental law in England and Wales are dealt with – the number of prosecutions is decreasing, the quantum of fines is increasing and the use...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Environmental Organizations Notice of Intent to Sue U.S. Environmental Protection...

The Waterkeeper Alliance and a number of other environmental organizations (collectively “Waterkeeper”) sent a February 13th Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency and United...more

Pillsbury - Policyholder Pulse blog

A Recent “Event” in Wisconsin: Appellate Court Rules That a Commonly Used London Market “Occurrence” Definition Is Ambiguous

In recent years, Wisconsin generally has been a pro-policyholder jurisdiction when it comes to long-tail environmental coverage cases. That trend continues with a decision by a Wisconsin appellate court in a case involving...more

Williams Mullen

Minimizing Storm-Related Environmental Liability

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For many facilities and construction sites, the routine practical problems arising from wet weather go with the territory. However, if stormwater management is compromised or if flooding and coastal storm surges occur, a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Construction/Debris Landfills: Illinois Attorney General Files Action Alleging Acceptance of Prohibited Waste

Illinois Attorney General Lisa Madigan announced in a news release that her office filed two lawsuits against the owner of two LaSalle County, Illinois, clean construction or debris demolition (“CCDD”) facilities. The...more

Hogan Lovells

Parent company may owe a duty of care to employees of African subsidiary

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This case is the latest in a line of cases before the English courts about parent company liability, specifically the duty of care owed for activities of their subsidiaries. ...more

Perkins Coie

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

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The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

Bennett Jones LLP

Security for Costs Decision Allows Significant Recognition and Enforcement Appeal to Proceed

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On October 31, 2017, the Ontario Court of Appeal released the latest decision in a nearly 25-year legal saga being pursued on behalf of approximately 30,000 indigenous Ecuadorian villagers affected by environmental pollution...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Jefferson County, Alabama Custom Paint...

The Alabama Department of Environmental Management (“ADEM”) and Titan Coatings, Inc. (“TCI”) entered into a September 5th Consent Order (“CO”) addressing alleged violations of certain hazardous waste regulations. See Consent...more

A&O Shearman

No English jurisdiction over Nigerian oil pollution claims against Shell

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In a highly mediatised ruling, the English High Court refused jurisdiction over claims brought against Royal Dutch Shell and its Nigerian subsidiary, Shell Petroleum Development Company of Nigeria Ltd, by over 42,000...more

Robinson+Cole Manufacturing Law Blog

Lawsuit Proceeds Against Monsanto for Manufacture of PCBs

Last year, we told you about a lawsuit brought by three California cities against Monsanto Company, alleging that Monsanto is liable for PCB (polychlorinated biphenyl) contamination in San Francisco Bay. The cities—San Jose,...more

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