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10/11/2009 2:14:50 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Plaintiff Grace Christian Fellowship (Grace) filed this action against KJG Investments, Inc. (KJG) and Colony Insurance Co. (Colony) pursuant to the RCRA citizen suit provision; state law clai ...
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9/30/2009 2:31:10 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
A lawsuit was filed in Federal Court asserting Federal and State causes of action concerning contamination and remediation of two adjacent sites in Emeryville, California. In November 200 ...
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9/4/2009 12:06:48 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
In Enns Pontiac, Buick, & GMC et al v. Flores, et al , Continue reading >>
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9/4/2009 11:20:39 AM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Plaintiff California Water Service Company is a public utility water corporation that owns and operates public drinking water systems. The complaint alleges that PCE and its degradation p ...
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9/4/2009 10:13:03 AM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Eagle-Picher Technologies, LLC (“EP Tech”) had acquired a leasehold interest in a manufacturing plant. The plant had manufactured water-activated batteries, printed circuit bo ...
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9/3/2009 9:31:38 AM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Other aspects of the ITT v. BorgWarner case have been noted in a prior post.
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8/28/2009 3:48:51 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
As noted in a prior post, the U.S. Supreme Court narrowed arranger liability under CERCLA in Burlington Northern & Santa Fe Railway Co. v. U.S. , Continue reading >>
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8/27/2009 2:56:36 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
It seems like second nature, but in trial one always needs to make sure that one's expert(s) point to specific data related to contaminants at a site or area under consideration in order to su ...
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8/25/2009 12:46:09 AM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
One of the significant liability threats for parties and for environmental contractors has been whether disturbing contaminants at a site as part of a site investigation constitutes "arra ...
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8/20/2009 5:45:32 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
EPA has identified the hardrock mining industry as the first industrial sector that it will require to post bonds to cover the costs of hazardous waste clean-up. The purpose of the action ...
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8/16/2009 4:45:44 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
As I have noted in prior posts, it does not pay to play discovery games, especially in Federal court; however, some firms continue to do so at their peril.
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8/9/2009 3:55:21 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
The United States filed a complaint against the Savoy Senior Housing et al in July 2006, alleging violations of the CWA. The violations were alleged to have occurred during construction a ...
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8/6/2009 7:03:49 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
In 1978, Grace acquired a facility known as the Brewer Road Site ("Site") when it purchased the assets of a chemical manufacturer, Evans Chemetics, Inc. ("ECI"). ECI h ...
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7/31/2009 2:46:16 AM EST
John G. Nevius
Posted by John G. Nevius
Shareholder, Anderson Kill & Olick P.C.
Shooting ranges may pose hazards to humans or the environment from lead in discharged munitions. A recent U.S. Court of Appeals for the Ninth Circuit opinion, however, dismissed a propert ...
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8/4/2009 8:07:01 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
On August 20, 2005, Aetna Developers ("Aetna") purchased the property located at 14 Green Bay Road, Kenilworth, Illinois to be developed by Aetna Development. Because a dry-clea ...
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