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Taft's environmental attorneys practice in all facets of environmental law, including Superfund defense and negotiation, enforcement defense, cost-recovery for plaintiffs and defendants, criminal environmental defense, environmental insurance and toxic tort litigation, mold and sick building litigation, lawsuits involving environmental problems discovered as a result of real property transfers or mergers and acquisitions, Brownfields redevelopment, defense of claims of occupational exposures, and administrative proceedings before state and federal agencies. Taft's environmental lawyers also are regularly engaged in insurance disputes concerning environmental issues and agricultural issues involving CAFOs and CFOs. The purpose of this newsletter is to provide you with insights from our team that may be of interest to yours.

Think Before You Cite. FIFRA's Data Compensation Requirements Can Have a Big Financial Impact
(513) 357-9406

The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) broadly regulates the manufacture, sale and use of pesticides in the United States. FIFRA requires applicants who register, re-register or amend a pesticide registration to submit or cite data in support of the application. These data requirements are designed to ensure that the EPA has sufficient information to determine whether a pesticide is safe and effective for its proposed uses.

IDEM's New Nonrule Policy Regarding RCRA Corrective Action Requirements for Subsequent Landowners      
(317) 713-3552
LinkedIn

The Indiana Department of Environmental Management (IDEM) recently issued Nonrule Policy Document No. MP-008-NPD to express its interpretation of the corrective action requirements under the federal Resource Conservation and Recovery Act (RCRA) and the parallel authority under Indiana law for subsequent owners of former hazardous waste treatment, storage or disposal facilities.

Bill Wagner
(317) 713-3614
LinkedIn

The Indiana Department of Environmental Management (IDEM) has approved the use of the vapor intrusion attenuation factors set forth in the US Environmental Protection Agency's Technical Guide for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Vapor Sources to Indoor Air and Addressing Petroleum Vapor Intrusion at Leaking Underground Storage Tank Sites. The EPA guides were published in June 2015, and IDEM approved the use of the new attenuation factors on October 20, 2015.

(317) 713-3414
LinkedIn
NCR Corporation's long-running battle over the divisibility of harm caused by PCB contamination in the Lower Fox River took a strange twist on Monday when the district court reversed a previous decision apportioning the harm and instead found NCR jointly and severally liable. This reversal comes in a case already more drawn out than a Tolstoy novel. The lengthy history of the case-which includes two trips to the Seventh Circuit-is summarized in my previous article on the now-reversed district court decision.

EPA Considers New National Enforcement Initiatives  
(513) 357-9406

The EPA recently solicited public comments and recommendations regarding its National Enforcement Initiatives (NEI) for fiscal years 2017-2019. The NEI are selected by the EPA every three years and are designed to focus federal enforcement resources on the most important areas of environmental non-compliance.

Lone Pine Order Approved for Use in Kentucky Federal Court   
Thomas P. Vergamini
(859) 547-4302

Recently, the United States District Court for the Eastern District of Kentucky approved a Lone Pine case management order in a class action lawsuit seeking to recover personal injury and property damages allegedly caused by environmental contamination. Modern Holdings, LLC et. al v. Corning Inc., 2015 WL 6482374, (E.D. Ky. Oct. 27, 2015). Lone Pine orders often require toxic tort plaintiffs to substantiate key aspects of their case, such as the details of the alleged physical injury or diminution in property value and their theory of causation that links the defendant's conduct to the alleged injury.



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December 2015 Issue
Think Before You Cite
IDEM's New Nonrule Policy
Indiana Adopts USEPA's New Vapor Intrusion Attenuation Factors
CERCLA Divisibility: A Never-Ending Story
EPA Considers New National Enforcement Initiatives
Lone Pine Order Approved for Use in Kentucky Federal Court









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