Searching Content indexed under Health & Safety by Goodwin Procter LLP ordered by Published Date Descending.
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Supreme Court Endorses Apportionment Of Liability And Clarifies Arranger Liability For Useful Products Under CERCLA
The U.S. Supreme Court’s decision in “Burlington Northern & Santa Fe Railway Co. v. United States (“Burlington Northern”)” represents a stark shift away from joint and several liability under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).
United States
19 May 2009
Supreme Court Requires "Significant Nexus" to Navigable Waters for Jurisdiction under Clean Water Act §404
On June 19, 2006, the Supreme Court handed down its decision in Rapanos v. United States, (No. 04-1034), a case that federal regulators, states, property rights activists and environmental groups all hoped would clarify whether, and the extent to which, the jurisdiction of the U.S. Army Corps of Engineers ("Corps") under §404 of the Clean Water Act ("CWA"), 42 U.S.C. §1344, extends to wetlands and other non-navigable waters (such as ephemeral streams, dry washes, ditches, drains and channels tha
United States
6 Jul 2006
Products Liaiblity & Mass Torts - New York High Court: Tort Defendants May Be Entitled to Broad Protection from Liability to Bystanders in Cases of Second-Hand Exposure to Toxic Substances
A recent opinion from New York State’s highest court calls into question the extent to which premises owners, and possibly even manufacturers and sellers of products, can be held liable for injuries to bystanders alleging second-hand or "take-home" exposure to potentially harmful products.
United States
30 Jan 2006
Assessing SEC Disclosure Requirements after Kyoto
On February 16, 2005, the Kyoto Protocol for reducing greenhouse gas (GHG) emissions took effect, obligating 37 industrialized countries, including Canada and all of the European Union (EU), to cut carbon dioxide (CO2) and other emissions by a combined 5.2% from 1990 emission levels by 2012. To implement Kyoto, EU and other industrialized countries are establishing national plans allocating CO2 emissions among private companies, which allocations then may be sold or bought in the new EU Greenhou
United States
9 Mar 2005
OCC Rules State Lending Laws Not Preempted When National Bank Serves as Loan Pool Trustee
The OCC issued an interpretive letter ("Letter 1016") holding that federal law does not preempt state lending laws simply because the loans were purchased by national banks acting as trustees in connection with the issuance of mortgage-backed securities. A nonbank lender made the loans and sold them to the securitization trusts. When the national banks, acting as trustees, tried to foreclose on the loans the borrowers raised the New Jersey Consumer Fraud Act as a defense.
United States
23 Feb 2005
Navigating the CERCLA Contribution Landscape in the Aftermath of Cooper Industries, Inc. v Aviall Services, Inc.
On December 13, 2004, the United States Supreme Court issued a highly anticipated ruling concerning the rights of parties to seek "contribution" for pollution cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA").
United States
9 Feb 2005
Increased Scrutiny of Indoor Air Pathway Shifts Standards for Investigation and Clean-Up
Recent technical guidance from the U.S. Environmental Protection Agency ("EPA") and emerging new standards and regulations from state environmental agencies target inhalation of vapors migrating from contaminated soil and groundwater into buildings as an exposure pathway that must be addressed in risk assessments and clean-up plans.
United States
15 Nov 2004
Next Round of Base Closures Offers New Brownfield Redevelopment Opportunities
The United States Department of Defense ("DOD") is in the process of determining which now-active military facilities it intends to recommend for inclusion in the next base realignment and closure ("BRAC") round. The President and Congress are scheduled to approve or disapprove DOD’s recommendations at the end of 2005.
United States
9 Sep 2004
Assessing and Managing Lead Risks in Commercial Properties
Lead exposure – in drinking water, paint, dust and contaminated soils – is reemerging as a target of public concern and governmental regulation, and as a source of potential legal liability.
United States
19 Aug 2004
Increased Scrutiny of Environmental Reporting Systems Warrants Carefully Calculated Response
For nearly two years now, rules implementing the Sarbanes-Oxley Act of 2002 have required CEOs and CFOs of public companies to certify both the contents of their companies’ SEC reports and the financial and disclosure controls and processes that produce these reports. The certification process has put a bright spotlight on how environmental health and safety (EHS) managers and in-house counsel identify, estimate, internally report and prepare public disclosures of potential environmental costs a
United States
15 Jul 2004
Greenhouse Gas Management Strategies for U.S. Corporations
Despite the United States’ repudiation of the Kyoto Protocol, and in the absence of any national legislation mandating measurements or controls, a growing number of successful U.S. companies are taking steps to inventory and reduce their greenhouse gas ("GHG") emissions.
United States
6 Jul 2004
Products Liability & Mass Torts: Obesity Litigation - The Next "Tobacco"?
As obesity rates in the United States continue to rise, self-styled consumer rights activists are turning their attention to the manufacturing and marketing practices of the food industry and considering whether litigation can be used to change those practices.
United States
6 Jul 2004
New Federal and State Initiatives Promote Increased Regulation of Ocean Resources
Responding to an increase in the variety and intensity of uses of ocean resources, and to public concerns about environmental degradation, federal and state authorities are proposing fundamental changes to the framework for regulating commercial activities offshore of the U.S. These proposals include ecosystems management, ocean "zoning" and alternative permitting and fee structures. If approved, they may limit new projects for offshore development, extraction of mineral resources, and power gen
United States
22 Jun 2004
Between Scylla & Charybdis: EPA and Second Circuit Raise New Challenges for Electricity-Generating Facilities under Clean Water Act §316(b)
After almost three decades of amicable detente, battle has broken out this month on two fronts over the substance and scope of regulations critical to electricity-generating facilities.
United States
14 Apr 2004
Recent Developments in Toxicology and Regulation of Environmental Chemicals
The toxicology and regulation of chemicals in the environment are constantly evolving as newly developed scientific information settles some questions and raises others. New studies and governmental assessments of potential human health and ecological impacts from environmental exposures to chemicals are periodically debated and revised. These studies and the risk management decisions based on them drive the promulgation and revision of federal, state, and international discharge regulations, ex
United States
16 Dec 2003
United States
21 May 2003
United States
11 Oct 2000
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