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Insured PRPs Watching Closely As Ninth Circuit Considers Whether EPA 104(e) Request is a “Suit” Triggering Duty to Defend

Wed May 11th, On Environmental Law, by

On Monday, May 2, 2016, Liberty Mutual Insurance Co. and U.S. Fidelity & Guaranty Co. urged the Ninth Circuit to certify to the Oregon Supreme Court the question of whether a CERCLA Section 104(e) information request issued by the U.S. Environmental Protection Agency to Ash Grove Cement Company triggered a duty to defend under a general liability insurance policy. The insurers said they should not be required to cover the […]

California’s Cap-and-Trade Program Under Judicial Review

Thu Apr 28th, On Environmental Law, by

On September 27, 2006, California enacted the Global Warming Solutions Act (AB 32), which aimed to reduce California’s greenhouse gas (GHG) emissions to 1990 levels by 2020. AB 32 delegates to the California Air Resources Board (ARB) the responsibility to adopt regulations to achieve the statewide GHG emissions limit. AB 32 authorized ARB to include the use of a “market-based compliance mechanism” to reduce GHG emissions. In January 2013, ARB […]

EPA Enforces TSCA’s Lead-Based Paint Renovation Rule Against Energy Efficiency Home Renovator In Southern California

Fri Apr 15th, On Environmental Law, by

On March 30, 2016, the U.S. Environmental Protection Agency reported that it fined G.D. Friend, Inc. (operating as Everlast Home Energy Solutions) $28,564 for failing to comply with the federal Paint Renovation, Repair and Painting (RRP or Rule) while renovating two residential properties in Southern California. EPA promulgated the Rule pursuant to the Toxic Substances Control Act (TSCA) in order to protect the public from lead-based paint hazards that occur […]

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