Posts from January 2013.

The United States Supreme Court, in a unanimous ruling, has acted to limit a potential liability of municipalities and other stormwater permit holders with respect to the condition of waters entering and passing through their jurisdictions. In a short opinion issued on January 8, the Court ruled in LOS ANGELES COUNTY FLOOD CONTROL DISTRICT v. NATURAL RESOURCES DEFENSE COUNCIL, INC., ET AL., that the Flood District could not be held responsible under its municipal separate storm sewer system (stormwater) permit for the polluted condition of waters passing through its ...

On January 8, 2013, the U.S. Supreme Court, in a unanimous decision reversing the Ninth Circuit Court of appeals, held that "the flow of water from an improved portion of a navigable waterway into an unimproved portion of the very same waterway does not qualify as a discharge of pollutants under the CWA. Because the decision below cannot be squared with that holding, the Court of Appeals judgment must be reversed." LA County Flood Control District v. NRDC. Pursuant to its MS4 permit, the Flood Control District had been monitoring instream flows in improved sections of the Los Angeles and ...

In answering a certified question from a federal district court, the Alabama Supreme Court concluded that action by the Environmental Protection Agency ("EPA") naming an insured as a Potentially Responsible Party ("PRP") satisfied the definition of "suit" under the insured's Comprehensive General Liability ("CGL") policy. See Travelers Casualty and Surety Co. v. Alabama Gas Corp., No. 1110346 (Ala. Sup. Ct. Dec. 28, 2012). From shortly after World War II through the early 1980's, Alabama Gas Corporation ("Alagasco") maintained CGL policies with Travelers ...

As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA" or "Superfund") was amended in 2002 to provide a defense against liability for existing property contamination for a class of purchasers who were not otherwise responsible for the condition. This is specifically referred to as the Bona Fide Prospective Purchasers ("BFPP") defense. It can be asserted to avoid liability under Superfund if a party can demonstrate its compliance with applicable ...
The Alabama Department of Environmental Management (ADEM) has apparently ended its effort to require payment of fees to review groundwater assessments and remediation plans, at least for the time being. Approximately a year ago, ADEM's Groundwater Program initiated a process attempting to require the execution of formal Remediation Agreements as a part of assessment requirements for releases which threatened or impacted the groundwater. This was prompted by recent reductions in appropriations by the State's Legislature to the Department. While much of ADEM's funding comes ...
Burr
Jump to Page
Arrow icon Top

Contact Us

We use cookies to improve your website experience, provide additional security, and remember you when you return to the website. This website does not respond to "Do Not Track" signals. By clicking "Accept," you agree to our use of cookies. To learn more about how we use cookies, please see our Privacy Policy.

Necessary Cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.


Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.