Redwood City, California Salt Ponds/Waters of the United States: California Attorney General Files Federal Court Action Challenging U.S. Environmental Protection Agency Jurisdictional Determination
The California Attorney General (“AG”) filed a September 24th Complaint for Declaratory and Injunctive Relief challenging a determination by the United States Environmental Protection Agency (“EPA”) that 1,365 acres adjacent to San Francisco Bay denominated the Redwood City Salt ponds (“Site”) are…
UIC/Wastewater Enforcement - Bethel Heights, Arkansas Notice of Violation: Adjoining Property Owners' Petition to Intervene
As noted in a September 13th post (see previous post here), the Arkansas Department of Energy and Environment filed a Notice of Violation (“NOV”) against the City of Bethel Heights, Arkansas (“Bethel Heights”) alleging violations of a No-Discharge Permit. Bethel Heights subsequently filed a…
Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Flexible Intermediate Bulk Containers
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) responded in a September 12th letter to a question seeking clarification of the Hazardous Materials Regulations (“HMR”) applicable to the testing requirements for flexible Intermediate Bulk Containers (“IBCs”). PHMSA was…
Air Enforcement: Alabama Department of Environmental Management and Decatur, Alabama Animal Feed Manufacturing Facility Enter into Consent Order
The Alabama Department of Environmental Management (“ADEM”) and Alabama Farmers Cooperative, Inc. (“AFCI”) entered into a Consent Order (“CO”) to address an alleged violation of the Alabama Air Regulations. See Consent Order No. 19-CAP. The CO provides that AFCI is the owner and/or operator of an…
Good Deal or Bad? Complex Commercial Litigation Even When You've Done Everything Right
September 30, 2019
by Devin R. Bates
A business swoops in and buys substantially all of the assets of a competitor in distress, but first does its due diligence and discovers the skeletons in the closet. The purchaser expressly does not assume the competitor’s liabilities or obligations. The purchaser does everything by-the-book, and…