A Lone Pine order is a case management tool often utilized by courts in complex multi-party toxic tort cases to organize plaintiffs' claims and to focus the parties on key issues early in the litigation. A Lone Pine order typically requires plaintiffs early in a case to present some basic evidence supporting his or her injuries and to produce some evidence of causation. Lone Pine orders take their name from a 1986 decision out of New Jersey, Lore v. Lone Pine Corp. In the Lone Pine litigation, multiple plaintiffs sued multiple defendants for personal injuries and property damages arising ...
As Scott Hitch noted in a previous post, a change to the federal rule regarding All Appropriate Inquiries ("AAI") is currently on notice for public review and comment. The comment period ends on September 16. The proposed change is prompted by recent changes in ASTM's 'Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment ["ESA"] Process'. The new ASTM Standard, designated E1527-13, results from an ASTM procedure requiring it to update individual standards at least every 8 years. The new Standard replaces the ASTM E1527-05. Currently ...
Just as Mary Hatch and George Bailey listened to Sam Wainwright's "chance of a lifetime offer" in the holiday classic, It's a Wonderful Life; newly installed EPA Administrator, Gina McCarthy's Harvard audience listened as she explained last week that preventing climate change is the "opportunity of a lifetime." Administrator McCarthy touted sparking innovation, growing jobs and strengthening the economy as just a few of the opportunities presented by curbing greenhouse gases. Her suggestion that environmental protection can spur economic growth should foster a ...
Updating an ongoing issue related to options for new ash regulations, the U.S. House of Representatives passed the Coal Residuals Reuse and Management Act (H.R. 2218) on July 25, 2013. The legislation would regulate the ash from coal-fired power plants by classifying it as a solid waste under Subtitle D of the federal Resource Conservation and Recovery Act. The prospect of some form of enhanced regulation of coal ash has been a contentious issue for several years. Following a 2008 breach of a coal ash impoundment operated by TVA in Kingston, Tennessee, the Environmental Protection ...
The Georgia Court of Appeals, on July 16, issued its opinion affirming the Effingham County Superior Court's decision to certify a class consisting of the owners of properties neighboring Georgia-Pacific's Savannah River Mill in Rincon. Plaintiffs, owners of four of the neighboring properties, argued that the mill releases hydrogen sulfide gas onto their properties and sought class certification to include properties located within a mile of the mill. Plaintiffs brought claims for nuisance, trespass, and negligence in connection with fumes created in connection with the ...
The Tennessee Department of Environment and Conservation is once again partnering with the Tennessee Stormwater Association, the Tennessee Valley Authority and the Tennessee Department of Transportation to offer grants to local governments to fund green infrastructure and low-impact development projects. A total of $200,000 in grants will be available for allocation over the next two years. Grants ranging from $10,000 to $30,000 will be awarded through a competitive process for projects such as rain gardens, green roofs, pervious concrete applications, trees and tree ...
The confirmation of Gina McCarthy to become the next Administrator of the United States Environmental Protection Agency continues to be delayed by Republicans in the U. S. Senate. A procedural "hold" has been placed on the nomination, and in addition, several Senate Republicans also point to a lack of response to several questions related to transparency at EPA. The hold, which is a courtesy procedure, allowed to each member of the Senate with respect to nominations, was placed in March by Senator Roy Blunt (R-MO) as explained in a news release posted by Sen. Blunt's office. Senator ...
The Subcommittee on Environment and the Economy of the Energy and Commerce Committee of the U.S. House of Representatives approved legislation on June 6, to direct the regulation and management of coal combustion ash residuals. As previously noted here, the issue of the proper regulation of residuals from the combustion of coal for the generation of electric power has perplexed the U.S. Environmental Protection Agency for several years. The Agency is currently evaluating over 450,000 public comments received in response to competing regulatory proposals it initially proposed ...
EPA has extended the public comment period on its proposed Tier 3 Motor Vehicle Emission and Fuel Standards from June 13, 2013 to July 1, 2013. The May 29, 2013 Federal Register notice announcing the extension can be found here: PROPOSED RULES Control of Air Pollution from Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards, 32223 http://www.gpo.gov/fdsys/pkg/FR-2013-05-29/html/2013-12749.htm. For more information on environmental law topics, please contact one of the Burr & Forman team members for assistance. We are happy to answer any questions or concerns you ...
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