|
Taft's environmental attorneys practice in all facets of environmental law, including Superfund defense and negotiation, enforcement defense, cost-recovery for plaintiffs and defendants, criminal environmental defense, environmental insurance and toxic tort litigation, mold and sick building litigation, lawsuits involving environmental problems discovered as a result of real property transfers or mergers and acquisitions, Brownfields redevelopment, defense of claims of occupational exposures, and administrative proceedings before state and federal agencies. Taft's environmental lawyers also are regularly engaged in insurance disputes concerning environmental issues and agricultural issues involving CAFOs and CFOs. The purpose of this newsletter is to provide you with insights from our team that may be of interest to yours.
|
|
Asbestos Claims and the Indiana Supreme Court: A Tale of Little Repose
Injuries caused by asbestos do not manifest until many years after exposure. Given this long latency period, the Indiana Supreme Court and General Assembly have frequently grappled with how to appropriately ensure that asbestos plaintiffs get a day in court while also ensuring that manufacturers are not forced to defend stale claims. The ongoing dialogue between the court and legislature on this topic has charted a meandering course leaving litigants unsure of the value of their claims and defenses. Much to the chagrin of potential plaintiffs and defendants alike, limits on asbestos actions were invalidated, resurrected and then finally invalidated again in Myers v. Crouse-Hinds Div. of Cooper Indus., Inc. |
A March 3 Columbus Dispatch article expressed grave concerns about the lack of grants for brownfields redevelopment in Ohio. The state responded that Clean Ohio funding has been replaced by financial assistance under the Jobs Ohio program. Unfortunately for developers and private companies interested in revitalizing environmentally impaired property, the state's position that grants are as available and as large as they previously were under the Clean Ohio Fund is illusory. |
To recover cleanup costs under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") from a former owner of contaminated property, a plaintiff must establish that the costs it incurred in responding to the contamination are both necessary and consistent with the national contingency plan ("NCP"). In Valbruna Slater Steel Corp. v. Joslyn Manufacturing Co., No. 1:10-CV-044, 2015 WL 8055999 (N.D. Ind. Dec. 4, 2015), the court granted summary judgment for a plaintiff who asserted such a claim, holding that a state agency's substantial oversight of the cleanup work established consistency with the NCP and that the plaintiff's motivation for its cleanup efforts was irrelevant to whether its costs were necessary. Both aspects of the ruling represent firsts by an Indiana court. |
Taft is pleased to announce that it has formed a team focused on brownfield and site development of property that has the presence or potential presence of environmental contamination. The team is dedicated to assisting individuals, businesses, real estate developers, municipalities and others with the acquisition, disposition and redevelopment of real property for reuse, revitalization or restoration. |
|
Rob Bilott Featured in New York Times Magazine Article
Taft environmental partner Rob Bilott is featured in the New York Times Magazine article "The Lawyer Who Became DuPont's Worst Nightmare," which covers his work to hold DuPont accountable for the harm caused by its release of the toxin PFOA ("C8") in and around Parkersburg, W.Va. Rob has been fighting DuPont for the last 16 years, during which time DuPont settled the class-action suit, and is currently prosecuting the second of 3,535 personal-injury cases filed by members of the class. |
|
Will Gardner's Article Published in the Indiana Lawyer
Taft environmental attorney Will Gardner's article " Judicial deference and the Clean Power Plan" was published in the Indiana Lawyer on March 9. The article discusses seminal administrative law cases during Justice Scalia's career and the potential future of the Clean Power Plan. |
Taft environmental partner Kim Burke will present at the Air & Waste Management Association's Kentucky Chapter "One-Day Environmental Practitioners' Workshop" on April 20 in Florence, Ky. His presentation is titled "EPA's New Ozone Standards: Facts, Myths and Legal Challenges." |
|
|
Taft Environmental Attorneys Recognized as Super Lawyers and Rising Stars
Taft environmental attorneys have been selected for inclusion in Indiana and Ohio Super Lawyers and Rising Stars 2016. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding attorneys - no more than five percent of the lawyers in the state are selected. Rising Stars recognizes the top up-and-coming attorneys in the state - no more than 2.5 percent of the lawyers in the state are selected. Following are the Taft environmental honorees: Indiana and Ohio Super Lawyers 2016
Indiana and Ohio Rising Stars 2016
- Chase Dressman
- David Guevara
|
Taft's Environmental Law Newsletter is used to inform our clients and friends of significant new developments and current issues in environmental law. For more information about Taft Stettinius & Hollister LLP, please visit http://www.taftlaw.com.
These materials have been prepared by Taft Stettinius & Hollister LLP for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. No person or organization should act upon this information without first seeking professional counsel.
We cannot and do not represent you until our client intake process is completed. Further, we reserve the right to accept or decline representing any person or organization in any matter. Accordingly, please do not send us any confidential information about any matter until you receive a written statement from us advising you that we represent you (an "engagement letter"). When you receive an engagement letter from one of our attorneys, you will be our client, and we may exchange confidential information freely. Again, do not send us unsolicited confidential information until you speak with one of our attorneys and get authorization to send that information to us.
Some aspects of this Web site may allow you to register for newsletters, events, functions, or seminars hosted by, sponsored by, or associated with Taft Stettinius & Hollister LLP. The transmission or receipt of any information related to registration for any event or service does not create an attorney-client relationship.
Taft Stettinius & Hollister LLP's Web site and associated materials may provide links to other websites that may be useful or informative.These links to third party sites or information are not intended, and should not be interpreted by readers, as constituting or implying our endorsement, sponsorship or recommendation of the third party information, products or services found there.
The following statement is required by many states, including Kentucky: "THIS IS AN ADVERTISEMENT."
|
|
|
|
|
|
Contact the Editor
Is there a subject you'd like to see addressed in the Taft Environmental Newsletter?
Please email your suggestion to t he article editor by clicking here.
|
|
Environmental Law
Insight Blog
We encourage you to visit
and subscribe to our blog,
Environmental Law Insight, where additional articles are published.
|
|
