Section Newsletter Articles on Environmental Law
Insurance coverage for bankruptcy claims
, March 2008
When a company is in bankruptcy, the rules for pursuing environmental claims often drive governmental agencies and other parties to assert claims against the bankrupt entity.
Guidance from above
, October 2007
In a recent decision, the Supreme Court clarified several issues under the Clean Water Act’s NPDES program as well as the Endangered Species Act and general issues related to agency action of all types.
Insurance notice obligations
, September 2006
In the environmental area, many policyholders seek coverage under their comprehensive general liability (CGL) policies for environmental claims.
Supreme Court will hear global warming case
, September 2006
Just as this issue is going to press, the United States Supreme Court agreed to resolve the pending dispute related to the scope of USEPA’s regulatory powers with regard to carbon dioxide, one of the principle greenhouse gases emitted from motor vehicles.
Financial reporting for environmental claims
, June 2006
Editor’s Note: As federal courts convict the participants in the various financial scandals that rocked the corporate and financial accounting worlds the last several years, there also will be increased attention on the reporting of environmental liabilities.
Extension of “arranger” liability to suppliers of dry-cleaning equipment
, May 2006
In two unrelated suits, the Ninth Circuit Court of Appeals and the Texas Supreme Court both recently addressed whether dry-cleaners could compel their equipment suppliers to share the costs of cleaning up contamination discovered at the drycleaners’ former facilities.
Pollution Control Board rules, January 2006
, May 2006
The normally somewhat staid subject of rulemaking before the Illinois Pollution Control Board became Chicago Tribune front-page news January 5, 2006.
Groundwater and the CWA
, October 2005
The scope of the federal Clean Water Act (CWA) has been the subject of substantial discussion and judicial review subsequent to the Supreme Court’s 2001 decision addressing isolated waters in Solid Waste Agency of Northern Cook County (SWANCC), 531 U.S. 159 (2001).
Phase II stormwater discharge permits and the Tenth Amendment
, June 2004
The Tenth Amendment provides that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." U.S. Const. Amend. X. According to the U.S. Supreme Court, this protection of dual sovereignty prohibits the federal government from compelling state and local governments to regulate their residents according to federal standards.