Health & Safety Developments
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New Climate Change Disclosure Guidance
State Street Global Advisors (SSGA), managing $2.6 trillion in assets, recently took action to motivate companies to treat climate change as a significant risk and to encourage business to ensure that assets and its long-term business strategy are resilient to climate change impacts. SSGA published “Perspectives on Effective Climate Change Disclosure” to provide guidance to… Continue reading
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Hurricane Harvey and Act of God Defense—Viable Defense or Futile Prayer
Following the disaster that has unfolded in Texas as a result of the unprecedented flooding caused by Hurricane Harvey, affected businesses might be asking whether they might be able to avail themselves of the “Act of God” defense that is embodied in several federal environmental laws and the Texas Health and Safety Code. Continue reading
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Shell Latest Target of CWA Climate Change Citizen Suit
On August 28, 2017, Shell Oil Company became the latest target of a Clean Water Act citizen suit lawsuit filed by the Conservation Law Foundation (“CLF”). Continue reading
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Court Decision Remanding FERC’s Evaluation of GHG Emissions May Derail $3.5B Pipeline
On August 22, 2017, a divided D.C. Circuit panel sided with the Sierra Club and other environmental groups by concluding that the Federal Energy Regulatory Commission didn’t adequately analyze the impacts of greenhouse gas emissions that may result from a $3.5 billion natural gas pipeline to be constructed through Florida… Continue reading
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Pro-Policyholder Talc-Related Asbestos Exposure Case Endorses Favorable Allocation Rule and Rejects Pollution Exclusion
A recent opinion from the Connecticut Appellate Court, R.T. Vanderbilt Co. v. Hartford Accident & Indemnity Co., 156 A.3d 539 (Conn. App. Ct. 2017), aides policyholders seeking coverage for asbestos-related long-tail liability claims under Commercial General Liability policies when responding to certain coverage defenses, including the allocation of risk for uninsured policy periods and the… Continue reading
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D.C. Circuit Rejects U.S. EPA Efforts to Ban Hydrofluorocarbons
On August 8, 2017, the United States District Court for the District of Columbia issued a decision concluding that the U.S. Environmental Protection Agency (U.S. EPA) did not have statutory authority to issue a 2015 rule that restricted manufacturers from making certain products that contained hydrofluorocarbons (HFCs). HFCs are used in a variety of products,… Continue reading
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DHS Waives Environmental Laws to Construct San Diego Border Wall
The Department of Homeland Security announced yesterday its plans to waive numerous environmental laws to allow more expedient construction of barriers and roads in the vicinity of the international border near San Diego. The decision was signed by then DHS Secretary John Kelly and applies to a 15-mile border segment in San Diego where the… Continue reading
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Renegotiation of NAFTA Includes Environmental Considerations
The Trump Administration signaled its plans to renegotiate the 1994 North American Free Trade Agreement (NAFTA) by issuing the Summary of Objectives for the NAFTA Renegotiation this month. President Trump committed to renegotiate NAFTA in order to obtain more open, equitable, secure, and reciprocal market access with our two largest export markets in Canada and… Continue reading
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EPA’s AAI Requirement References Updated ASTM AAI Standard
EPA issued a direct final rule to amend the requirements for conducting All Appropriate Inquires (AAI) to qualify for the Bona Fide Prospective Purchaser (BFPP) defense under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The direct final rule allows for the use of ASTM International E2247-16, Standard Practice for Environmental Site Assessments: Phase… Continue reading
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Another Speedbump for U.S. EPA—Status of U.S. EPA RMP Stay May be at Risk
Likely emboldened by the U.S. Court of Appeals decision to vacate U.S. EPA’s efforts to stay certain provisions of new source performance standards (“NSPS”) relating to fugitive methane emissions, on July 24, 2017, a coalition of 11 Democratic state attorney generals filed a Petition for Review in the D.C. Circuit challenging U.S. EPA’s June decision… Continue reading