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13 Nov 2018Can an EPA or State Agency Information Demand Trigger a Liability Insurer’s Duty to Defend?
It is well established that insurance coverage for potentially responsible party (PRP) letters is available under the law of most jurisdictions. Many, if not most, jurisdictions now recognize that a demand from the Environmental Protection Agency (EPA) or a state agency to investigate and remediate contamination is the functional equivalent of a suit, which triggers
07 Nov 2018EPA Region 5 and IDEM in Full Collaboration Mode (Mostly)
On Oct. 30, 2018, the U.S. Environmental Protection Agency (EPA) Region 5 officials met with officials from the Indiana Department of Environmental Management (IDEM) and members of the regulated community to discuss current priorities and issues within the Region 5/IDEM area. The gathering included almost all of the upper management of EPA Region 5 and
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:
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
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
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.