News & Analysis as of

Environmental Policies Liability

Woodruff Sawyer

Signed, Sealed…but Contaminated: Mitigating Environmental Risks in M&A

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Environmental-related risks in merger and acquisition (M&A) transactions shouldn’t just be a technical concern for legal and compliance teams—they should also be a board-level consideration. Whether stemming from legacy...more

Schwabe, Williamson & Wyatt PC

OP-ED: How to Repair Landslides‎—One Insurance Policy at a Time

If a landowner receives a government order to clean up a landslide on their property, who should pay for it — the property owner or their liability insurer? About 20 times per year, the city of Portland issues an order to...more

Jones Day

Georgia Limits Liability for Pesticide Manufacturers

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This week, Georgia's governor signed a new pesticide labeling and liability act (SB 144) ("Act"), amending state law to limit the scope of pesticide manufacturer liability for failure to warn and aligning the state standards...more

McGinnis Lochridge

Drowning in Liability: Court Extends "Waste" Rule to SWD Operator; but preserves RPO defense

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In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more

Nossaman LLP

Water Agencies Beware: Disproportionate Damage From Water Delivery May Create Inverse Condemnation Liability

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When water agencies provide water to customers, and that water causes damage to customer property, can water agencies face inverse condemnation liability?  For quite some time, inverse condemnation liability appeared to be...more

Fox Rothschild LLP

New York’s Climate Change Superfund Act: What You Need to Know

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On December 26, 2024, New York Governor Kathy Hochul signed into law S02129B, also known as the New York Climate Change Superfund Act (Act). This law is modeled after the federal Comprehensive Environmental Response,...more

Gray Reed

The Devil is in the Detail – Essential Contact Terms for PPP between Waste Management Companies and Public Entities

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Waste management is a critical service that affects communities, businesses, and the environment. When public entities (such as municipalities) enter into agreements with private waste management companies to handle the...more

Nossaman LLP

An Insurance Coverage Checklist For PFAS Defendants

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Per- and polyfluoroalkyl substances, known as PFAS, are the emerging contaminant of concern for both regulators and the regulated community. For example, in a May 28 article in The New York Times, titled "Lawyers to Plastics...more

Farella Braun + Martel LLP

New PFAS Listing Under Superfund Will Lead to Major Expansion of Liability

On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of...more

MG+M The Law Firm

Fire Control Business, Kidde-Fenwal, Files for Bankruptcy amid Rising PFAS Litigation

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Per- and polyfluoroalkyl substances (PFAS) have become the subject of increasing new legislation, regulation and litigation. PFAS are a family of more than 10,000 man-made chemicals that have been used for almost 70 years in...more

Pillsbury - Policyholder Pulse blog

EPA Announces Increased Efforts to Require Cleanup of Coal Ash – Insurance Should Be a Component of Companies’ Response

Early in 2021, we wrote about potential insurance implications that could arise from the then-new Biden Administration’s expected regulatory priorities. Among other things, we noted that heightened scrutiny on coal ash was...more

K&L Gates LLP

Game Changing Reform to NSW Environment Protection Laws

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The NSW Government has introduced the Environment Legislation Amendment Bill 2021 (NSW) (Bill) which proposes wide ranging reforms to NSW environmental laws to enable the NSW Environment Protection Authority (EPA) to "crack...more

K&L Gates LLP

Brussels Regulatory Brief: May 2021

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ANTITRUST AND COMPETITION - A Subsidiary can be Held Liable for the Harm Caused by the Anticompetitive Conduct of its Parent Company - On 19 July 2016, the European Commission (the Commission) imposed fines on several car...more

Alston & Bird

Corporate Legal Liability for Breach of Environmental, Social & Governance Responsibilities: Recent Developments in the UK and...

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In the UK, even a foreign subsidiary must take a company’s environmental, social, and governance (ESG) responsibilities seriously. Our Litigation Group examines a UK Supreme Court decision that could bring more claims against...more

(ACOEL) | American College of Environmental...

Vaped and Confused

E-cigarettes have vaulted to the front pages lately, and for tragic reasons.  To date, at least six users have died from severe lung disease tied to vaping, and nearly 400 others have reported serious medical symptoms in 36...more

Burr & Forman

The Gross and the Fair of Toxic Tort Claims in Bankruptcy

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Environmental-contamination claims present tricky issues for debtors seeking a fresh start through bankruptcy, as well as for creditors and purchasers of distressed assets. Difficult issues emerge in the context of when...more

Nossaman LLP

House of Representatives Seeks To Clarify Lack Of Liability for Incidental and Accidental Take under Migratory Bird Treaty Act

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On November 8, 2017, the House of Representatives Committee on Natural Resources approved an amendment to oil and gas-related legislation, the SECURE Act (H.R. 4239), that is intended to obviate liability for the incidental...more

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