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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
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