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On Matter Of First Impression, Northern District Court Of Alabama Holds That Remediation Costs Are Recoverable, Even Where They Exceed Diminution Of Value Damages, Where There Is A Legal Duty To Remediate

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Plaintiff KMG-Bernuth, Inc., (“KMG”) operates a pentachlorophenol (“penta”) plant in Tuscaloosa which produces and stores liquid penta, an industrial wood preservative.  Penta is a hazardous pesticide subject to Environmental Protection Agency (“EPA”) regulations.  Defendant Ranger Environmental Services, LLC’s (“Ranger”) is an industrial cleaning and environmental services company based in Tuscaloosa, Alabama.   On May 19, 2019, a…
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Fifth Circuit Stays Osha’s Covid 19 Emergency Temporary Standard

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On November 5, 2021, OSHA released a COVID-19 Emergency Temporary Standard (“ETS”) providing that employers with at least 100 employees adopt a vaccination policy requiring employees to be fully vaccinated or submit to weekly testing. The ETS further required employers to provide paid time off to recover from and receive the vaccine, and unvaccinated employees…
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Eleventh Circuit Resolves Forty Year Old Battle To Restore The Ocklawaha River By Concluding It Lacks Subject Matter Jurisdiction To Review Agency Enforcement Decisions

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In 1971, President Richard Nixon cancelled construction of the Cross Florida Barge Canal in order to prevent permanent damage to the Ocklawaha River.  By the time the Canal construction was cancelled, nearly one-third of the project was completed.  The Rodman Dam (now the Kirkpatrick Dam) blocked the Ocklawaha River and created the Rodman Reservoir.  The…
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Finra Releases September 2021 Board Of Governors Meeting Report

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FINRA Board of Governors met on September 23-24, 2021 to approve new maintaining qualifications fees and to reaffirm FINRA’s Financial Guiding Principles. The Board approved a proposal to establish a $100 annual fee for individuals who chose to complete continuing education (CE) to remain qualified to reregister with FINRA following the termination of the individual’s…
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Alabama Enacts New Design Professional Statute That Prohibits Certain Contract Provisions And Establishes A Single Standard Of Care For Alabama Design Professionals

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On April 29, 2021, Alabama Governor Kay Ivey signed a new law that prohibits certain type indemnification provisions in professional services contracts and establishes a single standard of care for Alabama design professionals for Alabama projects governed by Alabama law. The new law, titled “Contract requirements for professional services of design professionals,” went into effect…
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Can Texas Prevent Residents From Accessing A Public Beach

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On October 11, 2021, Community group SaveRGV (“SaveRGV”) sued the Texas General Land Office, Texas Land Commissioner George P. Bush and Cameron County (“Texas”) for allegedly violating the state constitution. SaveRGV alleges that, by frequently and unpredictably closing a nearby beach for SpaceX to launch rockets at a nearby facility, Texas is violating its constitution….
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