Contaminated Soil/Sewer Contractor: New York Appellate Court Addresses Breach of Contract/Unjust Enrichment Claims Against Natural Gas Company
The Supreme Court, Appellate Division, Second Department, New York (“Appellate Court”) addressed in a September 13th Opinion issues arising out of a sewer contractor’s discovery of contaminated soil in the course of installing a box storm sewer. See Bedford-Carp Construction, Inc. v. Brooklyn Union…
Groundwater Use/Designation of an Active Management Area: Environmental Organizations Submit Petition to Arizona Department of Water Resources
The San Pedro Alliance (“Alliance”) submitted a September 20th document to the Arizona Department of Water Resources (“ADWR”) styled: Petition for a Rule to Designate the Upper San Pedro Basin as an Active Management Area under Title 45, Section 412 of the 1980 Groundwater Management Act…
Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Huntsville Electronic Assembly Manufacturing Facility Enter into Consent Administrative Order
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Ducommun Labarge Technologies, Inc. (“DLT”) entered into a September 26th Consent Administrative Order (“CAO”) addressing an alleged violation of the air regulations. See LIS No. 23-071. The CAO provides…
Hot Topics in Products Liability Law: Hijacking the RICO Statute to Bring a Products Liability Claim
October 17, 2023
by Devin R. Bates
There is an emerging trend in products liability law where a plaintiff styles a case as a RICO claim, but at its core the gravamen of the dispute is an extension of a products liability action. To some extent, this is an attempt by the plaintiffs’ bar to repackage products liability actions under…
Water Infrastructure Financing Program: U.S. Corps of Engineers Public Notices Funding Availability for Credit Assistance
The United States Army Corps of Engineers (“Corps”) published a Notice of Funding Availability (“Notice”) in the September 20th Federal Register for credit assistance from the Water Infrastructure Financing Program (“WIFP”). See 88 Fed. Reg. 64892. The WIFP is the Corps’ new credit assistance…