The recent increase in gas prices has left in its wake angrier people than just truck drivers and others who depend on over-the-road transportation and hauling. Specifically, the effect of increased demand for all hydrocarbons has brought with it the result and necessity of additional...
If you don't like the status of shareholder-director liability for corporate environmental problems, hold your breath for a moment and it will probably change.Such is the case with a recent Sixth Circuit Court of Appeals decision which held that a principal shareholder can be liable...
Recently, there has been an explosion of new lawsuits related to mold and other microbial contaminants. These lawsuits can involve different types of defendants, but generally revolve around a recurring theme. Somehow, conditions were created, or allowed to exist, which fostered the growth and proliferation...
Communication tower contractors recently achieved a victory in court, but may face other uphill struggles on environmental issues associated with tower locations.A federal court of appeals recently upheld an FCC rule which essentially denies state or local units of government the right to regulate communication...
The EPA recently revised its fines and penalties policy associated with environmental audits.This revision may provide an incentive for companies to avail themselves of the benefits of an environmental audit in order to avoid fines and penalties that may otherwise be applicable.In 1995, the EPA...
A series of recent U.S. Supreme Court cases have provided direction on when a lawsuit may be brought by the public to enforce environmental laws.Many environmental laws, both state and federal, include "citizen suit" provisions which allow the public to bring a lawsuit when citizens...
On Feb. 23, 1999, new "administrative rules" affecting Baseline Environmental Assessments (BEA) and Due Care obligations were filed with the Secretary of State. These rules took effect March 11 and have the potential to affect any purchase or sale of real estate impacted with environmental...
In an important and recent case, the Michigan Supreme Court held that commercial general liability (CGL) insurers may have obligations to defend and reimburse policyholders for environmental contamination claims.The Supreme Court's decision came in a consolidation of cases generally known as Gelman Sciences Inc. vs....
Property purchasers are led to believe they need to carve a property into Swiss cheese to gather enough data to determine whether the property is contaminated. Make sure your consultant focuses his or her investigation only on those areas that are recognized environmental concerns in...
