16 Oct 2018Ten Year Statute of Limitations for ELA Claims Starts When Cost Is Incurred
On October 3, 2018, the Indiana Court of Appeals answered some important questions about Indiana’s Environmental Legal Action (ELA) statute, Ind. Code § 13-30-9-1 et seq. The 18-page appellate decision in Elkhart Foundry & Machine Co., et al. v. City of Elkhart, et al. affirmed the trial court in every respect. The court found that:
02 Oct 2018Michigan Uses Drones to Investigate PFAS Contamination
Recently, Michigan has become the first state in the United States to use unmanned aerial vehicles (UAVs) to assist in a search for groundwater contamination by perfluoroalkyl and polyfluoralkyl substances (PFAS). The drone’s Forward Looking Infrared (FLIR) and regular cameras will be used to determine whether there are springs in the area being observed, which
25 Sep 201810 Common Hurdles to Securing Insurance Coverage for Legacy Contamination, Part 2
Today, we return to our two-part article exploring 10 common issues that arise in pursuing insurance coverage for legacy environmental contamination. Catch up: 10 Common Hurdles to Securing Insurance Coverage for Legacy Contamination, Part 1 6. The “Known Loss” Doctrine. The basic premise of insurance is that it protects against the risk that a policyholder
20 Sep 201810 Common Hurdles to Securing Insurance Coverage for Legacy Contamination, Part 1
In certain circumstances, companies may be able to pursue their historical general liability coverage to offset their potential liability for legacy environmental contamination. For those companies seeking coverage for legacy environmental liabilities, the fundamental, big-picture questions are the same from case to case: Does legacy contamination trigger the historical general liability coverage? Do any exclusions
07 Sep 2018Proposed Changes to Ohio River Pollution Standards Up for ORSANCO Vote
Following through on a proposal first considered in 2015, the Ohio River Valley Water Sanitation Commission (ORSANCO) is nearing an October 4, 2018, vote on whether to remove portions of its Pollution Control Standards in its 2018 review of these rules. Based on the comments received on the proposal, the vote may be controversial. If
24 Aug 2018EPA Streamlining Efforts Look to ACE the Clean Power Plan
Following through on one of President Trump’s first executive orders that instructed EPA to repeal and replace the CPP, the EPA issued a new proposal on August 21 to replace the 2015 Clean Power Plan, along with supporting changes to the New Source Review (NSR) program. The administration’s draft regulation to address emissions from existing
21 Aug 2018WARNING: New Prop 65 Warning Regulations Go Into Effect August 30
If your business and products are subject to the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65), you should be aware that new warning regulations go into effect on August 30, 2018, for products manufactured after that date. Prop 65 was intended to protect drinking water and has resulted in a
09 Aug 2018ASTM Works to Standardize Resiliency Planning
Resiliency planning and infrastructure management are growing issues not only in environmental law, but also more generally in the normal affairs of communities and businesses. For example, resiliency planning – once relegated to climate-change discussions – recently has appeared in guidance documents from USEPA and the US Army Corps of Engineers, and may be a
25 Jul 2018Will a longstanding environmental mystery finally be solved?
This blog post was co-authored by Sean Griggs and Jennifer Baker. Twenty years ago, the Indiana General Assembly enacted the Environmental Legal Action (ELA) statute, Ind. Code § 13-30-9-1 et seq., to allow recovery of costs related to remedial or removal actions that address “the release of a hazardous substance or petroleum into the surface or
12 Jul 2018PHMSA Enforcement Actions – What’s Trending?
This post was co-authored by partner Paul Drucker, and Summer Associate, Zachary Miller. A review of the Pipeline & Hazardous Materials Safety Administration (PHMSA) enforcement statistics continues to emphasize enforcing “lesser” safety violations committed by hazardous liquid pipeline operators. This trend may be part of an enforcement strategy to prevent more sizable and dangerous violations
06 Jul 2018Three Tips to Find Real Environmental News, Real Fast
If your inbox is like mine, you received at least a dozen messages announcing that U.S. EPA Administrator Scott Pruitt resigned on July 5. There is sure to be a flood of news stories predicting how this may affect either the administration in general or the EPA in particular. This post isn’t one of them.
28 Jun 2018Preparing for PFAS Regulation – Important Considerations on Emerging Contaminants
I just gave a presentation on emerging contaminants, with the response to “PFAS” contamination – perfluorinated chemicals – the latest, high-profile set of chemicals providing lessons for the regulated community (and perhaps regulators) to learn from. This presentation was an outgrowth of a State Bar journal article I’d recently published providing a primer on how
19 Jun 2018More Challenges to WOTUS Rule, More States Under Court-Ordered Stays
Challenges of the U.S. EPA’s 2015 Waters of the United States (WOTUS) rule are nothing new. However, a recent district court decision highlights the complexities created by current and expected lawsuits related to the Trump Administration’s efforts to repeal and replace the WOTUS rule. The Obama U.S. EPA’s 2015 promulgation of the WOTUS rule led
12 Jun 2018Appeals Court Recycles RCRA Recycling Exclusions
On May 30, 2018, U.S. EPA published revised Resource Conservation and Recovery Act (RCRA) requirements governing hazardous waste generators. These revised requirements implement a mandate by the U.S. Court of Appeals for the District of Columbia. The court’s decision was based on consideration of revisions U.S. EPA had proposed to the RCRA rules in 2015.
01 Jun 2018U.S. EPA Asks for Help Developing Blending Rule for POTWs – This Time, Do They Mean It?
U.S. EPA recently announced its intent to develop a proposed rulemaking to govern the use of blending to treat peak wet weather flows at public wastewater utilities. This isn’t the first time, the agency has started this process, but Administrator Pruitt’s comments suggest the effort may go the distance this time. U.S. EPA has long recognized