Entries by hazzmatt1

United States: Protect Your Company from Waste Liability

Written by: Viggo C. Fish, McLane Middleton Question: My company is purchasing real estate, and we are concerned there may be existing environmental contamination on the property. What steps can we take to protect ourselves from liability?  Answer:  Conducting environmental due diligence correctly is essential to protect purchasers of potentially contaminated commercial properties from possible […]

When Is a Discharge to Groundwater Subject to the U.S. Clean Water Act? Can You Say “Significant Nexus”?

By Seth Jaffe, Foley Hoag LLP Whether the United States Clean Water Act regulates discharges to groundwater has been a topic of significant debate.  At this point, there seems to be something of a trend in the cases towards concluding it does, but it remains true that all of the courts of appeal that have […]

New spill rules tag transport companies with response, recovery costs in B.C.

As reported by Dirk Meissner of the Canadian Press, the Government of British Columbia has introduced pollution prevention regulations to hold transport companies moving petroleum products across the province responsible for the costs of responding to and cleaning up spills. Environment Minister George Heyman said recently that the new regulations will take affect at the end of […]

Harnessing the regulation of Maritime Dangerous Goods

As reported in Hellenic Shipping News, TT Club (a leading provider of insurance and related risk management services to the international transport and logistics industry ) and the  International Cargo Handling Coordination Association (ICHCA) have drawn attention to the state of packing in the intermodal supply chain and the need for greater rigour by all stakeholders to improve […]

Surviving the OSHA Audit: Common Sense Solutions

Imagine for a moment it’s Monday morning. You’ve just arrived to work and you’re enjoying your first cup of coffee. Unexpectedly, you receive a call from the receptionist. The U.S. Occupation Safety and Health Administration (U.S. OSHA) has just arrived and they’d like to meet you to discuss a safety complaint they’ve received from an […]

Canada: BC Court Of Appeal Rules That Contaminated Property Must Be Assessed Using Highest and Best Use

Article by Luke Dineley and Jacob Jerome Gehlen Borden Ladner Gervais LLP In a highly anticipated decision for the valuation of contaminated property in British Columbia, the BC Court of Appeal overturned a decision of the BC Supreme Court and set out how contaminated property should be assessed for tax purposes. The case involved a […]