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On December 15, 2022, the United States Environmental Protection Agency (USEPA) published the final amendment to the All Appropriate Inquiry Rule (40 CFR Part 312) (AAI Rule) that establishes the environmental due diligence needed to be eligible for liability protections under the federal superfund...
This month’s Friday Five explores recent decisions that illustrate the importance of the administrative record built by a claims administrator, and the impact that the depth and thoroughness of the record will have on litigation over claims decisions. Whether reviewing claims under the de novo...
Two federal programs administered by the United States Environmental Protection Agency (the “EPA”) provide financial assistance in the form of grants and rebates to public and non-profit entities seeking to replace their existing buses and trucks into clean vehicles. The most recent program was...
This month’s Friday Five covers cases relating to augmentation of the administrative record following new rationales, attempted alternative ERISA causes of action, untimely ERISA claims, plans governed by ERISA even in the absence of a written plan document, and the limited weight given to residual...
The Inflation Reduction Act (the “IRA”), signed into law on August 16, 2022, appropriates nearly $27 billion to provide financial assistance to certain entities in their efforts to reduce greenhouse gases. This “Greenhouse Gas Reduction Fund” (the “Fund”) is available to a wide range of recipients...
On October 17, 2022, the New Jersey Department of Environmental Protection (NJDEP) published interim soil remediation standards (Interim SRS) in the NJ Register (54 N.J.R. 1980(a)) for four per- and polyfluoroalkyl substances (PFAS) compounds: perfluorononanoic acid (PFNA); perfluorooctanoic acid...
Saul Ewing Partners Andy Bockis, Justin Danilewitz and Sean O'Neill will speak at the 2022 Oil & Gas Law Conference on October 26, 2022. Their topic will be "Will the SEC's Proposed Climate Reporting Rules Survive a Major Questions Challenge."
NAVIGATING VOLUNTARY DISCLOSURES UNDER NEW EPA/OIG GUIDANCE TO MITIGATE VIOLATIONS AND PENALTIES Pamela Goodwin, Co-Chair of the firm's Environmental Practice, will speak on a Strafford webinar advising environmental counsel on current EPA policies regarding voluntary self-disclosures. The panel...
This month’s Friday Five covers cases relating to the interpretation of time periods for claims under life insurance and disability plans, a situation where three separate administrators handled a disability benefits claim (but came to different decisions), the Eleventh Circuit’s parsing of...
Groups seek to halt Nice Bridge demolition, preserve bike/pedestrian path “Defendants never built the bridge they approved or reviewed in 2012; they built something else,” wrote the lawyers for the plaintiffs, Thomas K. Prevas and Anamika R. Moore of Saul Ewing LLP. “The new bridge provides no safe...
Agencies of the Commonwealth of Pennsylvania regularly publish regulations and policy statements in the Pennsylvania Bulletin. The Departments of Human Services, Health and Environmental Protection are among the agencies that are the most prolific document publishers. Administrative law...
John P. Englert has almost 40 years of diverse environmental experience. Since 1994 John has practiced environmental law and before that he was an environmental consultant. In both capacities, he has served national and international companies in the energy, environmental and manufacturing sectors...
Greg Rapisarda is a passionate and prudent advocate who helps clients with legal advice on business and real estate development goals. Clients rely on Greg for day-to-day general counsel, specific advice on real estate development and land use legal matters, and problem solving to resolve disputes...
Michael Joyce assists clients with litigation, including a wide variety of commercial disputes and insurance matters. His commercial litigation experience includes high-stakes contractual disputes, intellectual property and software cases, trade secret misappropriation and other injunction matters...
Government is growing every day. Regardless of which political party is in power, the scope of government regulation at the state, county and local levels, and the impact of government on all types of business has regularly increased. Regardless of your type of business – manufacturing or finance...
Legal Counsel for Site Cleanup Efforts When a landowner has an environmentally impacted property that requires remediation or restoration, Saul Ewing attorneys provide legal counsel to guide the site remediation process. We help clients navigate the complex investigation, reporting, compliance...
James Chou is a litigator and trial lawyer with nearly three decades of experience representing clients in commercial and business litigation matters. Clients including hedge funds, private equity firms, independent investment banks, insurance carriers, manufacturers and distributors of consumer...
Franklin Zemel focuses on cybersecurity and privacy law, First Amendment and civil rights litigation, complex business litigation, and appellate law. Franklin represents large and small businesses, manufacturers, and religious entities in South Florida and has several significant reported cases.
Counsel on Claims, Litigation, Transactions, Opinions and Compliance The legal landscape affecting the insurance industry is constantly changing. Whether the result of technological advances and corresponding risk exposures, ever-evolving case law affecting coverage and bad faith standards, or...