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10/13/2009 2:35:19 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Numerous prior posts have described California's Prop. 65 and the listing of various substances under that law.  [For an overview of Prop. 65, and the various ways a substance can be listed as either a carcinogen or ...
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10/11/2009 5:57:36 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Prior posts have noted the controversy surrounding BPA, and the enormous evidence that it poses a significant threat to human health. As noted in prior posts, research has been demonstrat ...
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8/31/2009 1:09:21 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Researchers recruited pregnant mothers between 1998 and 2003; the mothers were monitored for their exposure to polycyclic Aromatic Hydrocarbons (PAH's) throughout their pregnancy.  PAH's are one of the byproducts of ...
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7/24/2009 6:11:08 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Prior posts have noted the litigation that has been involved in the Coeur d'Arlene gold mine tailings case from Alaska. As noted, the 9th Circuit ruled in favor of plaintiffs while the U. ...
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7/22/2009 1:46:06 AM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
As part of a probe into the safety of coal ash storage sites in the wake of the massive Kingston, Tenn., dam burst in December 2008, EPA has released a list of 44 “high hazard potential& ...
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6/25/2009 2:07:57 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
HR 2595 was introduced in the House in May; its laudable objective is to prohibit the export of certain electronic waste (e.g., PC's, servers, monitors, TV's, printers, copiers, video game sys ...
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6/24/2009 7:43:31 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Those of us that practice environmental and toxic tort law have all had multiple experiences in being involved with sites replete with heavy metals (and the solvents that frequently are used in such operations).  Plating operations are, unfortunat ...
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5/9/2009 1:39:49 AM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
More than 80 known or suspected autoimmune disorders (e.g., Crohn disease, multiple sclerosis, and rheumatoid arthritis) [see ...
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2/19/2009 4:15:59 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Leases and contracts are the primary relationship between landlords and tenants. When a tenant causes contamination, the remedies provided for in the lease often are utilized in addition to to ...
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2/4/2009 3:12:29 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
A prior post (11/5/08) reviewed a rule (and its multi-year history) issued by EPA that changed the definition of hazardous waste in order to encourage waste recycling. The post noted the following caveat: "Critics see the new rule as an escape hat ...
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1/7/2009 12:34:42 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
The recent coal ash discharge by TVA has brought to the public attention the fact that these waste sites are unregulated under Federal law. A lengthy article i ...
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1/24/2009 6:52:57 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
The San Diego Unified School District (SDUSD) leased land from San Diego County (SDC). The lease between the SDUSC and SDC included a hold harmless clause in ...
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