Podcasts about liability act

What do horse riding and leading a utility have in common? Sewer District CEO Kyle Dreyfuss-Wells shares her top projects of 2024, the Cleveland bonds that fuel her enthusiasm, and insights that will resonate with leaders from all walks of life. The Northeast Ohio Regional Sewer District manages both wastewater and stormwater systems and plays a crucial role in restoring local waterways. We delve into the challenges of urban water infrastructure, the importance of partnerships, and the delicate balance needed to address environmental and community concerns. Looking to 2025, we consider the crucial role of leadership at the US EPA and Department of Energy, greenhouse gas and "forever chemicals," and the power of mindful communication in building community.Acronyms used in this episode:CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act of 1980. The Act provides for liability, compensation, cleanup, and emergency response for hazardous substances released into the environment and the cleanup of inactive hazardous waste disposal sites.PFAS - Per- and polyfluoroalkyl substances. Perfluorooctanoic acid (PFOA) is a synthetic chemical that's part of PFAS chemicals.

Nia and Aughie explain the The Comprehensive Environmental Response, Compensation, and Liability Act, also known as Superfund Act, of 1980. They consider its goals as well as the pros and cons of the program.

Hey folks, due to an annoying technical glitch, I'm just re-releasing this episode. This was some weird backend problem with our hosting. The file looks completely fine everywhere that I can see, but internet goblins decide otherwise, I guess. Sorry for the trouble and I'll make sure this won't happen again! OA10121 On March 26, 2024 a container ship the size of the Eiffel Tower named for the world's most famous surrealist destroyed a bridge named after the author of the U.S. national anthem yards from one of the most notable sites of our country's least popular war. Who was Francis Scott Key anyway, and why has the man who gave the world the phrase "land of the free and the home of the brave" gotten a total pass for writing the world's worst national anthem while owning people and prosecuting abolitionists? We then honor the memories of the six Latino immigrants who lost their lives in this disaster by taking a closer look at the contributions of both undocumented and "lightly documented" workers to the U.S. economy, including the massive boost of more than $7 trillion that the Congressional Budget Office has predicted the so-called "border crisis" will bring in the coming years. But what about the most recent Republican "solution" to give the world's whitest and wealthiest a chance at the American Dream? Would Thomas be able to immigrate to the U.S. under Sen. Tom Cotton's RAISE Act? We end with a short cruise through maritime law and examine why the owners of the Dali are seeking protection under the same 209-year-old maritime law which was used to severely limit the liability of everyone responsible for the Titanic. 1. "Francis Scott Key Opposed 'Land of the Free,'" Jefferson Morley (2012) 2. Baltimore bridge collapse victims: New info on who they were – NBC4 Washington (3/28/24) 3. Baltimore Mayor's Office of Immigrant Affairs Key Bridge Emergency Response Fund  4. RAISE Act point system infographic  5. 20 Years Later, Undocumented Immigrants Who Aided 9/11 Recovery & Cleanup Efforts Demand Recognition | Democracy Now! (9/15/2021) 6. Oceanic Steam Navigation Co. v. Mellor :: 233 U.S. 718 (1914) (U.S. Supreme Court's application of the 1851 Limitation of Liability Act to the Titanic disaster) 7. Petition for Exoneration from or Limitation of Liability filed in federal court by the owners of the Dali (4/1/24) If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA10121 On March 26, 2024 a container ship the size of the Eiffel Tower named for the world's most famous surrealist destroyed a bridge named after the author of the U.S. national anthem yards from one of the most notable sites of our country's least popular war. Who was Francis Scott Key anyway, and why has the man who gave the world the phrase "land of the free and the home of the brave" gotten a total pass for writing the world's worst national anthem while owning people and prosecuting abolitionists? We then honor the memories of the six Latino immigrants who lost their lives in this disaster by taking a closer look at the contributions of both undocumented and "lightly documented" workers to the U.S. economy, including the massive boost of more than $7 trillion that the Congressional Budget Office has predicted the so-called "border crisis" will bring in the coming years. But what about the most recent Republican "solution" to give the world's whitest and wealthiest a chance at the American Dream? Would Thomas be able to immigrate to the U.S. under Sen. Tom Cotton's RAISE Act? We end with a short cruise through maritime law and examine why the owners of the Dali are seeking protection under the same 209-year-old maritime law which was used to severely limit the liability of everyone responsible for the Titanic. 1. "Francis Scott Key Opposed 'Land of the Free,'" Jefferson Morley (2012) 2. Baltimore bridge collapse victims: New info on who they were – NBC4 Washington (3/28/24) 3. Baltimore Mayor's Office of Immigrant Affairs Key Bridge Emergency Response Fund  4. RAISE Act point system infographic  5. 20 Years Later, Undocumented Immigrants Who Aided 9/11 Recovery & Cleanup Efforts Demand Recognition | Democracy Now! (9/15/2021) 6. Oceanic Steam Navigation Co. v. Mellor :: 233 U.S. 718 (1914) (U.S. Supreme Court's application of the 1851 Limitation of Liability Act to the Titanic disaster) 7. Petition for Exoneration from or Limitation of Liability filed in federal court by the owners of the Dali (4/1/24) If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

The U.S. Environmental Protection Agency (EPA) Office of Superfund Remediation and Technology Innovation (OSRTI) has primary responsibility for implementing the remedial long-term (non-emergency) portion of a key U.S. law regulating cleanup: the Comprehensive Environmental Response, Compensation and Liability Act, CERCLA, nicknamed "Superfund." The Superfund program generally addresses radioactive contamination in a consistent manner as it addresses chemical contamination, except where there are technical differences between radionuclides and other chemicals. For example, cleanup levels for radioactive contamination at sites are generally expressed in terms of risk levels (e.g., 10-4), rather than millirem or millisieverts, as a unit of measure. Although EPA and other US agencies have issued millirem-based regulations under other statutory authorities, under CERCLA EPA promulgated a risk range of 10-4 to 10-6 as a standard of protectiveness for all carcinogens including radionuclides. CERCLA guidance recommends the use of slope factors when estimating cancer risk from radioactive contaminants, rather than converting from millirem. Current slope factors are based on risk coefficients in Federal Guidance Report 13. The Superfund remedial program uses 10-6 as a point of departure and establishes Preliminary Remediation Goals (PRGs) at 1 x 10-6. PRGs not based on other environmental standards known as Applicable or Relevant and Appropriate Requirements (ARARs) are risk-based concentrations, derived from standardized equations combining exposure information assumptions with EPA toxicity data. The policy rationale and technical underpinnings for this risk management approach is often misunderstood by radiation professionals. This presentation will help clarify some of these misunderstandings by focusing on misstatements about the Superfund approach that the author has encountered from radiation professionals. Often, they are citing the wrong EPA documents or portions of documents incorrectly, or not reading sections of the correct Superfund guidance. To view this archive online or download the slides associated with this seminar, please visit http://www.clu-in.org/conf/tio/RadRA_013124/

The U.S. Environmental Protection Agency (EPA) Office of Superfund Remediation and Technology Innovation (OSRTI) has primary responsibility for implementing the remedial long-term (non-emergency) portion of a key U.S. law regulating cleanup: the Comprehensive Environmental Response, Compensation and Liability Act, CERCLA, nicknamed "Superfund." The Superfund program generally addresses radioactive contamination in a consistent manner as it addresses chemical contamination, except where there are technical differences between radionuclides and other chemicals. For example, cleanup levels for radioactive contamination at sites are generally expressed in terms of risk levels (e.g., 10-4), rather than millirem or millisieverts, as a unit of measure. Although EPA and other US agencies have issued millirem-based regulations under other statutory authorities, under CERCLA EPA promulgated a risk range of 10-4 to 10-6 as a standard of protectiveness for all carcinogens including radionuclides. CERCLA guidance recommends the use of slope factors when estimating cancer risk from radioactive contaminants, rather than converting from millirem. Current slope factors are based on risk coefficients in Federal Guidance Report 13. The Superfund remedial program uses 10-6 as a point of departure and establishes Preliminary Remediation Goals (PRGs) at 1 x 10-6. PRGs not based on other environmental standards known as Applicable or Relevant and Appropriate Requirements (ARARs) are risk-based concentrations, derived from standardized equations combining exposure information assumptions with EPA toxicity data. The policy rationale and technical underpinnings for this risk management approach is often misunderstood by radiation professionals. This presentation will help clarify some of these misunderstandings by focusing on misstatements about the Superfund approach that the author has encountered from radiation professionals. Often, they are citing the wrong EPA documents or portions of documents incorrectly, or not reading sections of the correct Superfund guidance. To view this archive online or download the slides associated with this seminar, please visit http://www.clu-in.org/conf/tio/RadRA_013124/

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On February 3rd, a train carrying 20 cars with poisonous, flammable chemicals derailed in East Palestine, OH. In this episode, we're going to get some answers. Using testimony from four Congressional hearings, community meeting footage, National Transportation Safety Board preliminary reports, and lots of articles from local and mainstream press, you will learn what Congress is being told as they write the Rail Safety Act, which both parts of Congress are working on in response to the East Palestine train derailment. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via PayPal Support Congressional Dish via Patreon (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536. Please make checks payable to Congressional Dish Thank you for supporting truly independent media! View the show notes on our website at https://congressionaldish.com/cd274-norfolk-southern-train-derailment-in-east-palestine Background Sources Recommended Congressional Dish Episodes CD247: BIF: The Growth of US Railroads East Palestine Derailment Overview “It's been more than a month since a freight train carrying hazardous chemicals derailed in Ohio. Here's what's happened since.” Alisha Ebrahimji and Holly Yan. Mar 23, 2023. CNN. “Residents can return home after crews burned chemicals in derailed tanker cars.” Associated Press. Feb 8, 2023. NPR. “WATCH: Smoke billows over East Palestine after controlled burn at train derailment site.” Feb 8, 2023. Cleveland 19 News. Vinyl Chloride and Dioxins “East Palestine Train Derailment: What is vinyl chloride and what happens when it burns?” Associated Press. Feb 8, 2023. CBS News Pittsburgh. “Dioxins and their effects on human health.” Oct 4, 2016. World Health Organization. “Medical Management Guidelines for Vinyl Chloride.” Last reviewed Oct 21, 2014. Centers for Disease Control Agency for Toxic Substances and Disease Registry. National Transportation Safety Board Findings “Norfolk Southern Railway Train Derailment with Subsequent Hazardous Material Release and Fires: Investigation Details.” Last updated Mar 21, 2023. National Transportation Safety Board. “What appears to be an overheated wheel bearing seen moments before East Palestine train derailment, NTSB says.” Ian Cross. Feb 14, 2023. ABC News 5 Cleveland. “Vent and Burn” Decision “Ex-EPA Administrator Doubts Agency's East Palestine Claims: 'Hard to Believe They Were Silent' Before Norfolk Southern Detonated Toxic Vinyl Chloride Cars.” Jordan Chariton. May 25, 2023. Status Coup News. “East Palestine emails reveal insight into decision to vent and burn toxic rail cars.” Tara Morgan. May 15, 2023. ABC News 5 Cleveland. “EXCLUSIVE: 'I truly feel defeated and useless.' Emails and texts reveal anguish of East Palestine fire chief over lack of adequate health advice after he was told to treat chemical disaster 'like a normal house fire.'” Daniel Bates. May 15, 2023. The Daily Mail. EPA failures “East Palestine Bombshell: EPA Official Admits It May Be Missing Toxic Chemicals in Air Testing, Admits Some of Its Decision Making Has Been to Prevent Lawsuits.” Louis DeAngelis. Mar 29, 2023. Status Coup News. East Palestine Resident Health Problems “No one has accepted real responsibility for the East Palestine disaster.” Zsuzsa Gyenes. May 16, 2023. The Guardian. “East Palestine survey reveals residents experienced headaches and anxiety after train derailment.” Nicki Brown, Artemis Moshtaghian and Travis Caldwell. Mar 4, 2023. CNN. “People in East Palestine showing breakdown product of vinyl chloride in urine tests.” Tara Morgan. Apr 28, 2023. ABC News 5 Cleveland. Norfolk Southern “Making it Right.” Norfolk Southern. “Norfolk Southern unveils compensation plans for homeowners near derailment site.” Andrea Cambron, Jason Carroll and Chris Isidore. May 11, 2023. CNN Business. “‘32 Nasty:' Rail Workers Say They Knew the Train That Derailed in East Palestine Was Dangerous.” Aaron Gordon. Feb 15, 2023. Vice. “Wall Street says Norfolk Southern profits won't suffer from derailment.” Rachel Premack. Feb 14, 2023. Freight Waves. “US rail industry defends safety record amid staffing cuts.” Josh Funk. May 16, 2021. AP News. Lobbying Against Regulations “Rail Companies Blocked Safety Rules Before Ohio Derailment.” David Sirota et al. Feb 8, 2023. The Lever. ECP Brake Deregulation “USDOT repeals ECP brake rule.” William C. Vantuono. Dec 5, 2017. Railway Age. Railway Safety Act “Railway Safety Act passes committee, moves to Senate floor for full vote.” Abigail Bottar. May 10, 2023. Ideastream Public Media. Staffing Cuts “Railroads are slashing workers, cheered on by Wall Street to stay profitable amid Trump's trade war.” Heather Long. Jan 3, 2020. The Washington Post. Long Trains “The True Dangers of Long Trains.” Dan Schwartz and Topher Sanders. Apr 3, 2023. Propublica. Bills S.576: Railway Safety Act of 2023 Audio Sources Senate Executive Session May 10, 2023 Senate Committee on Commerce, Science and Transportation Clips 36:30 Sen. JD Vance (R-OH): This bill has changed a lot from what I introduced just a few short months ago. We've made a number of concessions to industry; a number of concessions to the rail industry, a number of concessions to various interest groups, which is why we have so much bipartisan support in this body but also why we have a lot of support from industry. East Palestine Community Meeting March 28, 2023 Status Coup News Government Response to East Palestine: Ensuring Safety and Transparency for the Community March 28, 2023 House Energy and Commerce Subcommittee on Environment, Manufacturing, & Critical Materials Watch on YouTube Witnesses: Debra Shore, Regional Administrator, U.S Environmental Protection Agency, Region 5 Wesley Vins, Health Commissioner, Columbiana County General Health District Anne M. Vogel, Director, Ohio Environmental Protection Agency Clips 30:40 Debra Shore: Since the derailment, EPA has been leading robust, multi-layered air quality testing, using state of the art technology in and around East Palestine, and that extensive monitoring has continued daily at 23 stations throughout the community. Since the fire was extinguished on February 8, EPA monitors have not detected any volatile organic compounds above established levels of health concerns. EPA has also been assisting with indoor air screenings in homes through a voluntary program to keep residents informed. As of March 21, more than 600 homes have been screened, and no sustained or elevated detections of chemicals have been identified. 33:00 Debra Shore: Here's how EPA is holding Norfolk Southern accountable. On February 21, EPA issued a Unilateral Administrative Order to Norfolk Southern, including a number of directives to identify and clean up contaminated soil and water resources, to attend and participate in public meetings at EPA's request, and to post information online, and ordering the company to pay EPA's costs for work performed under the order. All Norfolk Southern work plans must be reviewed and approved by EPA. It must outline all steps necessary to address the environmental damage caused by the derailment. If the company fails to complete any of the EPAs ordered actions, the agency will immediately step in, conduct the necessary work, and then seek punitive damages at up to three times the cost. 46:30 Rep. Bill Johnson (R-OH): In one case, trucks were actually turned around at the gate of a proper, certified disposal facility and sent back to East Palestine to sit practically in my constituents backyard. Why did the EPA believe that it needed to send those letters? Debra Shore: Chairman Johnson, the instance you cite occurred before EPA assumed responsibility under the Unilateral Administrative Order for the cleanup. We don't know who told those trucks to turn around, whether it was the disposal facility itself or someone else. 48:50 Rep. Bill Johnson (R-OH): Why were they turned around? Debra Shore: This occurred during the transition period between Ohio EPA and US EPA assuming the lead for the emergency response. As such, under the Unilateral Administrative Order, all disposal facilities are required to be on the CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) approved off-site disposal list. So, we needed a few days to review what had occurred and ensure that those facilities that Norfolk Southern had contracts with were on that approved list. Once we determined which ones were on the approved list, it's up to Norfolk Southern to ship waste off the site. 1:03:30 Rep. Diana DeGette (D-CO): Is the EPA intending to use the Unilateral Administrative Order to ensure that Norfolk Southern establishes a health and environmental screening program beyond this initial cleanup period? Debra Shore: Right now, the focus of the Unilateral Order and our work with Norfolk Southern is to make sure the site is cleaned up. I think the responsibility for that longer term health effort, I support what Dr. Vins recommended, and that may have to be negotiat[ed] with Norfolk Southern going forward. Rep. Diana DeGette (D-CO): Obviously, that hasn't started yet. Debra Shore: Not to my knowledge. 1:09:05 Rep. Buddy Carter (R-GA): What will take place in the remediation phase, what happens then? Debra Shore: Then there'll be restoration of stream banks and the places where the soil was removed from along the railroad sites and I think a larger vision for the community that they're already beginning to work on, such as parks and streetscapes. Rep. Buddy Carter (R-GA): Right. Any idea of what kind of timeframe we're talking about here? I mean, are we talking like in my district, decades? Debra Shore: No. We believe the core of the removal of the contaminated site and the restoration of the tracks will be several months. 1:11:35 Rep. Frank Pallone (D-NJ): When did clean up responsibility shift from EPA to Norfolk Southern, and what protections were put in place to ensure the health and safety of the community during that shift? Debra Shore: Thank you, Congressman Pallone. The transition from the State agency, which has the delegated authority in every state, has an emergency response capability, and so Ohio was on the ground working with the local firemen and other agencies as EPA arrived shortly after the derailment. It is typical in these kinds of emergency responses for the state agency to take the lead in the early days and Norfolk Southern was complying with the directives from the state. They continued to comply, but we've found over time that it's important to have all the authority to hold the principal responsible party in this case Norfolk Southern accountable, which is why on February 21, several weeks after the derailment, EPA issued its Unilateral Administrative Order. 1:19:55 Debra Shore: In the subsequent soil sampling that's been conducted, we looked at the information about the direction of the plume from the vent and burn event and focused that primarily where there might have been aerial deposition of soot or particulate matter, and that those soil samples have been collected in Pennsylvania. Rep. John Joyce (R-PA): And today, what soil, air, and water tests are continuing to occur in Pennsylvania? Debra Shore: Additional soil samples will be collected in collaboration, principally, with the Pennsylvania Department of Agriculture, the local Farm Bureau, and the Pennsylvania Department of Environmental Protection. 1:28:36 Anne M. Vogel: The reason that we have been able to say that the municipal drinking water is safe is based on an Ohio EPA map that pre-exists the derailment. This is the source water protection map. So the municipal wellfield is right here, if folks can see that, that big well in the blue. So the derailment happened way over here, a mile and a half away from the wellfield. And we know how the water flows, down this way, down this way, down the creeks. So the derailment would not have affected the municipal water source and we knew that very quickly after the derailment. 1:49:05 Debra Shore: Norfolk Southern has encountered some difficulties in finding and establishing contracts with sites to accept both liquid and solid waste. And I think we could accelerate the cleanup if they were able to fulfill that obligation more expeditiously. 1:51:20 Rep. Raul Ruiz (D-CA): What are some of the long term health concerns that residents and your providers have? Wesley Vins: We've heard a whole wide range of concerns long term. Certainly, cancer is first and foremost, because of much of the information that the residents see online and here, as well as reproductive concerns, growth concerns, hormonal concerns Rep. Raul Ruiz (D-CA): Do you think there's a potential with the carcinogens or any of the toxins that it could lead to ailments for five years from now? Wesley Vins: Yeah, I understand your question. So the some of the constituents that we have related to this response, obviously are carcinogenic, however, we're seeing low levels, is really the initial response. So I think the long question is, we don't know. Rep. Raul Ruiz (D-CA): We don't know. 2:04:50 Rep. Nanette Barragán (D-CA): Administrator Shore, one concern my office has heard is that relocation costs are not being covered by Norfolk Southern for everyone in East Palestine. How is it determined whether a resident is eligible to have their relocation costs paid for? Debra Shore: I'm sorry to hear that. My understanding was that Norfolk Southern was covering temporary relocation costs for any resident who sought that, and I would direct you to Norfolk Southern to ask why they are being turned down. Rep. Nanette Barragán (D-CA): Can the EPA require that Norfolk Southern cover relocation costs for anyone in East Palestine? Debra Shore: I'll find out. 2:11:45 Rep. Mariannette Miller-Meeks (R-IA): I guess my concern is, if the EPA is website says that the sampling data hasn't been quality assured, how did the EPA make the determination that the air is safe to breathe when it appears that the sampling data has not been quality assured? Debra Shore: Congresswoman, I'm going to ask our staff to get back to you with an answer for that. Executive Session and Improving Rail Safety in Response to the East Palestine Derailment March 22, 2023 Senate Committee on Commerce, Science, & Transportation View on Senate website Introduction Panel: U.S. Senator Sherrod Brown U.S. Senator J.D. Vance Mike DeWine, Governor of Ohio Misti Allison, Resident of East Palestine Witnesses: Jennifer Homendy, Chair, National Transportation Safety Board David Comstock, Chief, Ohio Western Reserve Joint Fire District Clyde Whitaker, Legislative Director, Ohio State SMART-TD Alan Shaw, CEO, Norfolk Southern Ian Jefferies, CEO, Association of American Railroads Clips 1:35:00 Sen. Ted Cruz (R-TX): Is there any relief being offered now to say, if you make the decision to move your home and move your family somewhere else, there is an avenue for you to sell your home and get a fair market price for it? Misti Allison: The short answer is, as of today, no. There is not a clear cut explanation or parameters of how you would do that. We've heard time and time again from Norfolk Southern that they're going to make it right and that they're looking into some long term health care monitoring and assistance and home value protection, but details of that plan have not been disclosed to residents as of today. 1:42:05 Jennifer Homendy: This derailment, as all accidents we investigate, was 100% preventable. 1:43:20 Jennifer Homendy: First, the definition of high hazard flammable train should be expanded to a broader array of hazmats and the definition's threshold of 20 loaded tank cars in a continuous block or 35 tank cars dispersed throughout a train should be eliminated. Second, DOT 111 should be phased out of all hazmat service. They're not as protected as DOT 117 tank cars. Third, people deserve to know what chemicals are moving through their communities and how to stay safe in an emergency. That includes responders who risk their lives for each of us every single day. They deserve to be prepared. That means access to real time information, obtaining the right training and gear, and having the right communications and planning tools. Fourth, light cockpit voice recorders in the aviation, audio and video recorders in the locomotive cab are essential for helping investigators determine the cause of an accident and make more precise safety recommendations. Recorders also help operators proactively improve their safety policies and practices. In the East Palestine derailment, the locomotive was equipped with an inward facing camera. However, since the locomotive was put immediately back into service following the accident, the data was overwritten. That means the recorder only provided about 15 minutes of data before the derailment, and five minutes after. The FAST Act, following terrible tragedies in Chatsworth and in Philadelphia, required Amtrak and commuter railroads to maintain crash and fire hardened inward and outward facing image recorders in all controlling locomotives that have a minimum of a 12 hour continuous recording capability. This was extremely helpful in our DuPont Washington investigation. Now is the time to expand that requirement to audio, and include the Class One freight railroads in that mandate. In fact, now is the time to address all of the NTSB's open rail safety recommendations, many of which are on our most wanted list. Fifth and finally, as the committee works on enhancing rail safety, I trust that you'll consider the resources that we desperately need to carry out our critical safety mission. Investments in the NTSB are investments in safety across all modes of transportation. 1:52:05 Clyde Whitaker: This derailment did not have to happen. And it makes it so much more frustrating for us to know that it was very predictable. And yet our warnings and cries for help over the last seven years have fallen on deaf ears and the outcome was exactly as we feared. Now the result is a town that doesn't feel safe in their own homes, businesses failing to survive and a railroad that prioritized its own movement of trains, before the people in the community, as well as its workers. It truly is a shame that operational changes in place prior to that incident are still in place today and the possibility for a similar disaster is just as possible. My entire railroad career I've listened to the railroads portray a message and image of safety first, but I have never witnessed or experienced that truth, one single day on the property. For years I've handled complaint after complaint regarding unsafe practices and unsafe environments, and for almost every single one I've been fought every step of the way. The truth is, ask any railroad worker and they will tell you, that their carriers are masters of checking the boxes and saying the right things, without ever doing anything meaningful toward improving safety. They're only focus is on the operating ratios and bottom lines, which is evidenced by the fact that their bonus structures are set up to reward timely movements of freight rather than reaching destinations safely, as they once were. Actions do speak louder than words. And I assure you that what you have heard, and will hear, from the railroads today are nothing more than words. Their actions are what's experienced by men and women I represent as well as what the people of East Palestine have been through. This is the reality of what happens when railroads are primarily left to govern and regulate themselves. 1:54:05 Clyde Whitaker: On July 11, 2022, I filed a complaint with the FRA (Freight Railroad Administration) regarding an unsafe practice that was occurring on Norfolk Southern (NS), despite existing operating rules to the contrary. NS was giving instructions to crews to disregard wayside detector failures and to keep the trains moving. This meant the trains were not being inspected as intended, and that the crews were not able to ascertain the integrity of such trains. This practice remained in place even after East Palestine. 1:54:40 Clyde Whitaker: It is a virus that has plagued the industry for some time, with the exception of precision scheduled railroading. Across America, inspections and maintenance is being deferred to expedite the movement of trains. No longer is identifying defects and unsafe conditions the goal of inspections, but rather minimiz[ing] the time it takes to perform them, or the elimination of them all together. 2:17:40 Sen. Ted Cruz (R-TX): Why did Norfolk Southern not stop the train then and examine the bearing to make sure that it didn't melt the axle and that you didn't have a derailment? If you'd stop then it would have prevented the derailment. So my question is, why did the second hotbox reading not trigger action? Alan Shaw: Senator, my understanding is that that second reading was still below our alarm threshold, which is amongst the lowest in the industry. In response to this, the industry has agreed to work together to share best practices with respect to hotbox detectors, trending technology, and thresholds. Sen. Ted Cruz (R-TX): So when you and I visited my office yesterday, you said your threshold is now 170 degrees above ambient temperature. As I understand it, at the time of the derailment, your threshold was 200 degrees above ambient temperature. 2:20:15 Clyde Whitaker: Make note that trending defect detector technology from being in the cab of a locomotive, when we pass a defect detector, it trends to an office like Norfolk Southern in Atlanta, Georgia. It doesn't convey to the railroad crews, which is a problem in this incident as well as many others that still continue to this day. What we need as a train crew -- which they say they listen, they haven't been listening for quite a while -- we need to be notified whenever these trending detectors are seeing this car trend hotter. That way we can keep a better eye on it. 2:22:35 Clyde Whitaker: It is feasible. The technology is there. Several days after East Palestine, we almost had a similar incident in the Cleveland area on Norfolk Southern. The defect detector said no defects to the crew. The train dispatcher came on and said, "Hey, we have a report of a trending defect detector on the train. We need you to stop and inspect it." Immediately after that the chief dispatcher, which is the person that controls the whole railroad, told them to keep going. If it were not for an eastbound train passing them and instructing them, "Hey, your train is on fire, stop your train." And we set that car out. They had to walking speed this car five miles. So the technology is there. They're just raising and lowering their thresholds to move freight. 2:25:15 Sen. Ed Markey (D-MA): His testimony is loud and clear: it would have been worse if there was only one person as a crew on that train. Do you disagree with him? Alan Shaw: Senator, I believe that we have operations infrastructure on the ground to respond to derailments. Sen. Ed Markey (D-MA): I think you're not answering the question, okay? It's almost like the last hearing all over again. Because I think the evidence is very clear that these trains can be absolutely safer, but that technology is no replacement for human beings. For example, it can't provide the cognitive functions of a conductor and can't collect visual cues during an emergency. Two-person crews make our trains safer and I wish that you would commit to that today, because I think it's pretty obvious that is the correct answer. I just get sick of industry executives talking about supporting the principles of regulation, while they lobby against common sense regulations like this one behind the scenes. 2:38:50 Sen. Peter Welch (D-VT): I understand that the business plan of Norfolk Southern includes a $7.5 billion stock buyback that is ongoing. Do you believe it would be appropriate to suspend that buyback program until all of the assurances that you are making to this committee and also to the people of East Palestine, about "making this right," that that stock back buyback program should be suspended until you have accomplished what you've assured us and what you've assured that people of East Palestine that you would do? Alan Shaw: Senator, we think about safety every day. We spend a billion dollars a year in capital on safety. And we have ongoing expenses of about a billion dollars a year in safety and as a result over time, derailments are down, hazardous material releases are down and injuries are down. We can always get better. Sen. Peter Welch (D-VT): Right, so you won't answer my question about suspending the buyback program. Alan Shaw: Senator, stock buybacks never come at the expense of safety Sen. Peter Welch (D-VT): I take that is that you will continue with your plan on the buyback. 2:51:30 Sen. Shelley Moore Capito (R-WV): I know that high hazardous flammable trains have more safety regulations. Why would this not have been characterized as a high hazard flammable train if it had th ese hazardous materials on it as part of the 149 car train? Alan Shaw: Senator, thank you for your question. I'm not familiar with the entire makeup of the train. I know that a highly hazardous train is defined by a certain number of highly hazardous cars in it or a certain number of cars in a block. Sen. Shelley Moore Capito (R-WV): Miss Homendy, maybe you can help me with that question. Jennifer Homendy: Yes, the definition of a high hazard flammable train involves class three flammable liquids only, 20 car loads in a continuous block, which would be a unit train, or 35 car loads of class three flammable liquids in a mixed freight train. That was not what was on this train. There were some that were class three defined flammable liquids, but this train was not a high hazard flammable train. Sen. Shelley Moore Capito (R-WV): Right. It wasn't a high hazard train, but it had high hazardous materials that are very flammable that just lit up the sky. So is that something that you would consider that should be looked at as a safety improvement? Jennifer Homendy: Yes, Senator. We think that the thresholds of the 20 and 35 should be eliminated and we think a broader array of hazmat should be in the definition of high hazard flammable train. Protecting Public Health and the Environment in the Wake of the Norfolk Southern Train Derailment and Chemical Release in East Palestine, Ohio March 9, 2023 Senate Committee on Environment & Public Works View on Senate website Witnesses: Sen. Sherrod Brown (D-OH) Sen. JD Vance (R-OH) Sen. Bob Casey (D-PA) Alan Shaw, President and CEO, Norfolk Southern Corporation Debra Shore, Regional Administrator, U.S. Environmental Protection Agency, Region V Anne Vogel, Director, Ohio Environmental Protection Agency Richard Harrison, Executive Director and Chief Engineer, Ohio River Valley Water Sanitation Commission Eric Brewer, Director and Chief of Hazardous Materials Response, Beaver County Department of Emergency Services Clips 26:50 Sen. Sherrod Brown (D-OH): The company followed the Wall Street business model: boost profits by cutting costs at all costs, the consequences for places like East Palestine be damned. In 10 years, Norfolk Southern eliminated 38% of its workforce. Think of that. In a decade they cut more than a third of their jobs. We see what the company did with their massive profits. Norfolk Southern spent $3.4 billion on stock buybacks last year and were planning to do even more this year. That's money that could have gone to hiring inspectors, to putting more hotbox detectors along its rail lines, to having more workers available to repair cars and repair tracks. Norfolk Southern's profits have gone up and up and up and look what happened. 33:35 Sen. JD Vance (R-OH): It is ridiculous that firefighters and local officials don't know that hazardous chemicals are in their community, coming through their community. In East Palestine you had a community of largely volunteer firefighters responding to a terrible crisis, toxic burning chemicals, without knowing what was on them. 34:50 Sen. JD Vance (R-OH): I've talked to a number of my Republican colleagues and nearly everybody has dealt in complete good faith, whether they like the bill or have some concerns about it, and these comments are not directed at them. Who they are directed at is a particular slice of people who seem to think that any public safety enhancements for the rail industry is somehow a violation of the free market. Well, if you look at this industry and what's happened in the last 30 years, that argument is a farce. This is an industry that enjoys special subsidies that almost no industry enjoys. This is an industry that is enjoys special legal carve outs that almost no industry enjoys. This is an industry that just three months ago had the federal government come in and save them from a labor dispute. It was effectively a bailout. And now they're claiming before the Senate and the House that our reasonable legislation is somehow a violation of the free market. Well, pot, meet the kettle, because that doesn't make an ounce of sense. You cannot claim special government privileges, you cannot ask the government to bail you out, and then resist basic public safety. 40:10 Alan Shaw: Air and water monitoring have been in place continuously since the accident and to date it consistently indicated that the air is safe to breathe and the water is safe to drink. 47:20 Debra Shore: Since the fire was extinguished on February 8, EPA monitors have not detected any volatile organic compounds above levels of health concerns. 47:45 Debra Shore: EPA has been assisting with indoor air screenings for homes through a voluntary program offered to residents to provide them with information and help restore their peace of mind. As of March 4, approximately 600 homes had been screened through this program and no detections of vinyl chloride or hydrogen chloride have been identified. 48:40 Debra Shore: On February 21, we issued a unilateral administrative order to Norfolk Southern which includes a number of directives to identify and clean up contaminated soil and water resources, to attend and participate in public meetings at EPA's request, and to post information online, to pay for EPA's costs for work performed under this order. EPA is overseeing Norfolk Southern's cleanup work to ensure it's done to EPA specifications. The work plans will outline all steps necessary to clean up the environmental damage caused by the derailment. And most importantly, if the company fails to complete any of the EPA ordered actions, the agency will immediately step in, conduct the necessary work, and then force Norfolk Southern to pay triple the cost. 1:04:30 Eric Brewer: Norfolk Southern hazmat personnel and contractors arrived on scene shortly after 11pm. At around midnight, after research of the contents, it was decided to shut down fire operations and move firefighters out of the immediate area and to let the tank cars burn. This is not an unusual decision. This decision was made primarily by Norfolk Southern's hazmat coordinator, as well as their contractor. 1:05:15 Eric Brewer: There was a possibility of explosion and we should consider a one mile evacuation. Ohio officials notified us that the one mile radius would now be from the leaked oil address. This would add additional residents from Beaver County in the one mile evacuation zone. Donington township officials went door to door, as well as using a mass notification system to advise the residents of the one mile recommended evacuation. It was stressed that this was a recommendation as we cannot force residents from their homes. Social media posts began to circulate stating that arrest would be made if people refused to leave during the evacuation. Let me be clear that was not the case in Pennsylvania, as this was not a mandatory evacuation. Monday morning, we assembled at the Emergency Operations Center in East Palestine. We learned Norfolk Southern wanted to do a controlled detonation of the tank car in question. We were assured this was the safest way to mitigate the problem. During one of those planning meetings, we learned from Norfolk Southern that they now wanted to do the controlled detonation on five of the tank cars rather than just the one. This changed the entire plan, as it would now impact a much larger area. 1:21:25 Sen. Shelley Moore Capito (R-WV): Why did you wait a month before you started to order the dioxin testing when the community was asking for this? Was that a decision that you made early on that it wasn't critical? Or how was this decision made? Debra Shore: Senator Capito, our air monitoring was searching for primary indicators, such as phosgene and hydrogen chloride, immediately during and after the burn. We detected very low levels which very quickly went even down to non detectable. Without those primary indicators, it was a very low probability that dioxins would have been created. They are secondary byproducts of the burning of vinyl chloride. 1:25:40 Alan Shaw: As you saw just this week, a six point safety plan that included a number of issues which we're implementing immediately to improve safety, including installing more wayside detectors. The first one was installed yesterday outside of East Palestine. 1:30:20 Sen. Markwayne Mullin (R-OK): Mr. Shaw, when the vent and burn process was being made, who who made those decisions? And what was other considerations other than just burning it and letting the material burn off? Alan Shaw: Thank you for that question. The only consideration, Senator, was the safety and health of the community. And that decision was made by Unified Command under the direction of the Incident Commander? Sen. Markwayne Mullin (R-OK): Who's that? Alan Shaw: The Incident Commander was Fire Chief Drabick. Norfolk Southern was a part of Unified Command. 2:07:25 Alan Shaw: Senator, the NTSB report indicated that all of the hotbox detectors were working as designed. And earlier this week, we announced that we are adding approximately 200 hotbox detectors to our network. We already have amongst the lowest spacing between hotbox detectors in the industry. And we already have amongst the lowest thresholds. 2:15:35 Sen. Ed Markey (D-MA): Will you commit to compensating affected homeowners for their diminished property values? Alan Shaw: Senator, I'm committing to do what's right. Sen. Ed Markey (D-MA): Well, what's right is a family that had a home worth $100,000 that is now worth $50,000 will probably never be able to sell that home for 100,000 again. Will you compensate that family for that loss? Alan Shaw: Senator, I'm committed to do what's right. Sen. Ed Markey (D-MA): That is the right thing to do. These are the people who are innocent victims, Mr. Shaw. These people were just there at home and all of a sudden their small businesses, their homes are forever going to have been diminished in value. Norfolk Southern owes these people. It's an accident that is basically under the responsibility of Norfolk Southern, not these families. When you say do the right thing, will you again, compensate these families for their diminished lost property value for homes and small businesses? Alan Shaw: Senator, we've already committed $21 million and that's a downpayment Sen. Ed Markey (D-MA): That is a down payment. Will you commit to ensuring that these families, these innocent families, do not lose their life savings in their homes and small businesses? The right thing to do is to say, "Yes, we will." Alan Shaw: Senator, I'm committed to doing what's right for the community and we're going to be there as long -- Sen. Ed Markey (D-MA): What's right for the community will then be balanced -- which is what we can see from your stock buybacks -- by what's right for Norfolk Southern. C-SPAN: Washington Post Live March 6, 2023 Speakers: Heather Long, Columnist and Editorial Writer, Washington Post Jennifer Homendy, Chair, National Transportation Safety Board Clips 5:14 Jennifer Homendy: Hazardous materials are transported on all modes of transportation. Our aviation system is the safest, but they're limited in what they can transport for dangerous materials. Pipelines can also be safe as well. They have a generally good safety record until one big rupture occurs. But then our railroads also have a good safety record. Train accidents in general, per million trains miles, are going up. So it's trending upwards, accidents. With that said, going on our nation's roads with these materials is not something we want to see. You know, we have 43,000 people that are dying on our nation's roads annually. We have a public health crisis on our roads. Millions of crashes are occurring, so transporting hazmat on our roads would be more dangerous than on our railways. 6:50 Jennifer Homendy: The numbers are trending upward on accidents overall and also for Norfolk Southern 8:20 Jennifer Homendy: That is a role that's very important for the NTSB and why we are independent of the Department of Transportation. We are not part of the Department of Transportation because we do conduct federal oversight to see if DoT's oversight of the freight railroads is adequate or inadequate and we may make recommendations on that. 10:20 Jennifer Homendy: Once it hit well over 250 degrees, it was time for the train crew to stop to inspect the axle, to inspect the wheel bearing and to possibly, in this case, set out the car. But it was too late because as they were slowing and stopping, the train derailed, the wheel bearing failed. And so there might need to be more conservative temperature thresholdss o that started earlier. Also, something the Transportation Safety Board of Canada has looked at is real time monitoring of temperatures and data trending from the control center so that they can see the temperatures increase over a period of time. In this derailment, or what we saw of this train and its operations, is the temperature of that wheel bearing was going up pretty significantly over the course of the three different wayside detectors, but you know, the crew doesn't see that. So that real time monitoring and data trending so that there's some communication with the crew to stop the train and take immediate action is definitely needed. We'll look at that as part of our investigation as well. 12:30 Jennifer Homendy: One thing I will mention is that these decisions about the placement of these hot bearing detectors and the thresholds really vary railroad by railroad and so there needs to be good decision making, some policies and practices put in place. 18:00 Jennifer Homendy: Electronically controlled pneumatic (ECP) brakes don't prevent a derailment. It could lessen damage. So let me explain that. So in this one, car 23 still would have derailed because a wheel bearing failed. So car 23 still would have derailed. Still would have been a derailment, still would have been a fire, and the responders, and Norfolk Southern, and the state and locals would have had to still make a decision on whether to vent and burn the five vinyl chloride tank cars. There could have been a possibility of less damage, meaning a few cars could have remained on the track later in the train. But as for most of the damage, that still would have occurred whether we had ECP brakes on this train or not. 19:50 Heather Long: There's a lot fewer people working on rail, especially freight rail. Does the number of people make any difference here? Jennifer Homendy: Well for this one, as you said, we had two crew members and a trainee. They all stay, as with every train, in the cab of the head locomotive. So I do not see where that would have made a difference in this particular train and this derailment. One thing we are going to look at is whether any changes in staffing lead to any differences in how these cars are maintained or how they're inspected. That is something we will look at. 21:05 Jennifer Homendy: Yeah, so the fire chief, upon arrival at the command center following the derailment, had electronic access to the train consist, which is the list of cars and the materials or liquids that the train is carrying, but none of the responders had the Ask Rail app. You could look up a UN number for a particular car and get the whole consist of the train. It's in an app that the railroads developed for helping emergency responders to get information following an accident. 25:05 Jennifer Homendy: And we have over 250 recommendations that we've issued on rail safety generally that have not been acted upon yet. Music Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) Editing Pro Podcast Solutions Production Assistance Clare Kuntz Balcer

According to the EPA, “The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 -- otherwise known as CERCLA or Superfund -- provides a Federal "Superfund" to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment. Through CERCLA, the EPA was given power to seek out those parties responsible for any release and assure their cooperation in the cleanup.” In this episode of our Environmental Law series, host Craig william joins Professor of environmental law at the Elisabeth Haub School of Law at Pace University, Katrina F. Kuh, as they spotlight CERCLA and discuss the origin and history, purpose, and impact.

According to the EPA, “The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 -- otherwise known as CERCLA or Superfund -- provides a Federal "Superfund" to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment. Through CERCLA, the EPA was given power to seek out those parties responsible for any release and assure their cooperation in the cleanup.” In this episode of our Environmental Law series, host Craig william joins Professor of environmental law at the Elisabeth Haub School of Law at Pace University, Katrina F. Kuh, as they spotlight CERCLA and discuss the origin and history, purpose, and impact.

Presumiamo troppe responsabilità.A rischio lo sviluppo e il mondo informatico.Per qualcosa che e' già normato.

The Environmental Appeals Board is an appellate tribunal established by regulation to hear administrative appeals under all major environmental statutes that EPA administers, including importantly where EPA is the permit-granting authority under the federal Clean Water Act National Pollution Discharge Elimination System (NPDES) like in Massachusetts and New Hampshire. The Board's caseload consists primarily of appeals from permit decisions and administrative civil penalty decisions, as well as petitions for reimbursement of costs incurred in complying with cleanup orders issued under the Comprehensive Environmental Response, Compensation, and Liability Act. (3/6/23)    Questions? Inquiries about program materials? Contact Alan I. Johnson at ajohnson@bostonbar.org

This week's hosts Bruce Morlan and Rich Larson discuss the situation over what was once the unofficial Rice County dump, and is now a toxic waste site under the Comprehensive Environmental Response, Compensation and Liability Act, with Bridgewater Township Supervisor Glen Castore.

Trespassers. The Occupiers' Liability Act 1984 (and in Scotland the Occupiers' Liability (Scotland) Act 1960) requires all owners of property to take reasonable steps to make their premises safe for anyone who enters them, even those who enter as trespassers, if they are aware of a risk on the premises. However, the doctrine of volenti has been applied to cases where a trespasser exposed themselves deliberately to risk: Titchener v British Railways Board, Ratcliff v McConnell, and Tomlinson v Congleton Borough Council. In the first case (decided before the Occupier's Liability Act was passed), a girl who had trespassed on the railway was hit by a train. The House of Lords ruled that the fencing around the railway was adequate, and the girl had voluntarily accepted the risk by breaking through it. In the second case, a student who had broken into a closed swimming-pool and injured himself by diving into the shallow end was similarly held responsible for his own injuries. The third case involved a man who dived into a shallow lake, despite the presence of "No Swimming" signs; the signs were held to be an adequate warning. Drunk drivers. The defense of volenti is now excluded by statute where a passenger was injured as a result of agreeing to take a lift from a drunk car driver. However, in a well-known case of Morris v Murray (Court of Appeal), volenti was held to apply to a drunk passenger, who accepted a lift from a drunk pilot. The pilot died in the resulting crash and the passenger who was injured, sued his estate. Although he drove the pilot to the airfield (which was closed at the time) and helped him start the engine and tune the radio, he argued that he did not freely and voluntarily consent to the risk involved in flying. The Court of Appeal held that there was consent: the passenger was not so drunk as to fail to realize the risks of taking a lift from a drunk pilot, and his actions leading up to the flight demonstrated that he voluntarily accepted those risks. Rescuers. For reasons of policy, the courts are reluctant to criticize the behavior of rescuers. A rescuer would not be considered volens if: He was acting to rescue persons or property endangered by the defendant's negligence; He was acting under a compelling legal, social or moral duty; and His conduct in all circumstances was reasonable and a natural consequence of the defendant's negligence. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

This week we're replaying a classic episode where your hosts Steve Lowry and Yvonne Godfrey interview Paula Jossart of Jossart Law Office, LLC (https://www.jossartlaw.com/)   Remember to rate and review GTP in iTunes: Click Here To Rate and Review   Episode Details: Award-winning Minnesota personal injury lawyer Paula Jossart of Jossart Law Office, LLC discusses how she secured justice for Scott Kowalewski, a switchman who was exposed to toxic hydrocarbons while working at the Burlington Northern Santa Fe Railway (BNSF) Northtown Yard in Minneapolis in 2014 and, as a result, suffered a severe neurological injury. Rail cars carrying hazardous chemicals from a fracking site in Texas leaked, causing Scott to feel a burning pain in his chest and to lose consciousness. Scott was later diagnosed with a progressive neurological disorder, which significantly diminishes his motor function, making it difficult to swallow, write, get out of bed or perform everyday tasks. Despite BNSF's claims that the company is not responsible for Scott's health problems and many evidence and discovery abuses, a Hennepin County, Minnesota jury returned a verdict of $15,343,753 in damages against BNSF for violating the Federal Employers' Liability Act. Following the jury trial, Judge Amy Dawson assigned a $4.6 million misconduct penalty to BNSF for concealing and destroying evidence related to the case, paying off a witness and misleading federal investigators.    Click Here To Read/Download Trial Documents   Guest Bio: Paula Jossart Paula Jossart is an experienced personal injury attorney and railroad injury attorney recognized for her record of success in actions against railroads and insurance companies. She has achieved multiple seven and eight-figure verdicts in her career including a recent $21 million judgment against the BNSF.  In 2015, she achieved three million-dollar-plus verdicts for victims with personal injury claims in Hennepin County (Minneapolis, MN). She also attained one of Minnesota's larger personal injury verdicts ─ totaling more than $12.5 million ─  for a man burned by steam from a boiler on which he was working.   A fearless advocate for her clients, Paula Jossart has represented persons in personal injury and FELA (Federal Employees' Litigation Act) cases in Minnesota and states across the country, including Arizona, Iowa, Illinois, Missouri, North Dakota, South Dakota, Washington and Wisconsin. She served as lead counsel for injured victims in the nation's largest anhydrous ammonia spill and has worked on many other large chemical exposure cases.   Choosing the right personal injury attorney your important life matter can make a significant difference in the outcome. Paula Jossart encourages potential clients to do their own research before hiring an attorney. Ask about the attorney's actual courtroom and trial experience. Ask about the results that are being advertised on their website. Who achieved the results? What did the result actually mean for the client? Does the attorney put clients first? Or, does the attorney have a record of urging most clients to settle out of court?   Paula Jossart is a union designated attorney, a tenacious fighter, and a caring and compassionate client advocate. Respected by her peers, she was honored as a Minnesota Attorney of the Year, Outstanding Trial Lawyer by the Minnesota Association of Justice, a Rising Star by Minnesota Law & Politics numerous times, and named one of the Top Young Lawyers. She is a member of the Academy of Rail Labor Attorneys and the Minnesota Association of Justice. Read Full Bio   Show Sponsors: Legal Technology Services - LTSatlanta.com Digital Law Marketing - DigitalLawMarketing.com Harris, Lowry, and Manton - hlmlawfirm.com   Free Resources: Stages Of A Jury Trial - Part 1  Stages Of A Jury Trial - Part 2

Welcome to the Insurance vs History Podcast! In my third episode, I investigate the insurance claims resulting from the sinking of the RMS Titanic, and the issues that arose as a result. Join me for a discussion of crazy 1850s laws, Lloyds of London, the invention of the wireless telegraph and conspiracy theories! Links: HMS Lutine - Lloyd's (lloyds.com) pdf – an awesome visual of the Hull and Machinery Slip for the Titanic Lloyd's and the Titanic - Lloyd's (lloyds.com) The Craziest Titanic Conspiracy Theories, Explained - HISTORY – ps. If you decide to search for these theories online, be aware many of them have been co-opted by the QAnon movement. Google at your peril. Encyclopedia Titanica: Titanic Facts, History and Biography (encyclopedia-titanica.org) – great overall reference Limitation of Liability Act of 1851 - Wikipedia Microsoft Word - LCB_16_3_Art_8_Zekala.doc (lclark.edu) – Slightly dense legal analysis of the Liability lawsuits filed In the Matter of the Petition of the Oceanic Steam Navigation Company, Limited, for Limitation of its Liability as owner of the steamship TITANIC (archives.gov) – Legal documents including lists of lost property, loss of life claims, etc. Books: Night to Remember (Holt Paperback): LORD, WALTER: 9780805077643: Amazon.com: Books Hire These People: My audio editor, and AMAZING Voice Over Actor—who did all the VO for this episode: Zach Stinnett Music Credits: Boulangerie by Jeremy Sherman, courtesy of NeoSounds: Boulangerie, LynneMusic | NeoSounds music library Contact Me: insurancevshistory@gmail.com  

Guam v United States was a U.S. Supreme Court case dealing with a dispute on fiscal responsibility for environmental and hazardous cleanup of the Ordot Dump created by the United States Navy on the island of Guam in the 1940s, which Guam then ran after becoming a territory in 1950 until the landfill's closure in 2011. The Supreme Court ruled unanimously that under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (aka Superfund), Guam had filed its lawsuit to recover a portion of cleanup costs for the landfill from the United States government in a timely manner, allowing their case to proceed. Background. Guam, an island in the Pacific Ocean, had become a key base for the United States Navy during World War II after the United States gained control of it from Japan in the Battle of Guam in 1944. As part of establishing ports and bases on the island, the Navy created the Ordot Dump landfill for disposal of waste, including material like DDT and Agent Orange. After the war, Guam was made into a U.S. territory by the Guam Organic Act of 1950. Since this gave the island its own governance, the Navy transferred control of the Ordot Dump to Guam that year. The Navy continued to use the landfill until the 1970s, while the landfill was the only solid waste disposal facility for Guam until the 2000s. As the landfill was built without liners or caps, it became an environmental hazard. The Environmental Protection Agency (EPA) added the Ordot Dump to the National Priorities List in 1983 and had named the Navy as a potentially responsible party to it in 1988. In 2002, the EPA filed a complaint against Guam, stating that their management of the Ordot Dump violated the Clean Water Act, as waste contaminants from the dump were found to run off into the nearby Lonfit River and eventually into the Pacific Ocean. A consent decree was achieved in 2004, with Guam agreeing to pay a fine, close the site, and install a cover on the landfill. A separate action initiated by the EPA in 2004 led to the site's forced closure in 2011, and Guam agreeing to remediate affected areas around the landfill. Total costs for completing these, along with other cleanup efforts ordered by the court, were estimated at $160 million. Guam filed a suit against the United States in 2017 under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or Superfund), asserting that since the Navy had been found as a potentially responsible party contributing to the site, the U.S. bears some of the cleanup costs, as outlined in CERCLA Section 107(a). The U.S. moved to close the suit, stating that under the clauses of CERCLA, there was a three-year statute of limitations for filing such complaints under CERCLA Section 113(f)(3)(B), which started with the consent agreement in 2004, and thus Guam had missed its window. The case was first heard in the United States District Court for the District of Columbia in 2018. The District Court ruled to allow the case to proceed in favor of Guam in September 2018. Judge Ketanji Jackson ruled that the consent degree did not involve liability for the environmental cleanup, nor involved the ability of Guam to seek liability response actions under CERCLA. The government appealed to the District of Columbia Circuit, which reversed the District Court's decision in March 2020 and agreed that the statute of limitations for Guam had expired in 2007, three years after the 2004 consent agreement, as set by Section 113(f)(3)(B). --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app

Intentional torts. Intentional torts are any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so. Intentional torts have several subcategories: Torts against the person include assault, battery, false imprisonment, intentional infliction of emotional distress, and fraud, although the latter is also an economic tort. Property torts involve any intentional interference with the property rights of the claimant (plaintiff). Those commonly recognized include trespass to land, trespass to chattels (personal property), and conversion. An intentional tort requires an overt act, some form of intent, and causation. In most cases, transferred intent, which occurs when the defendant intends to injure an individual but actually ends up injuring another individual, will satisfy the intent requirement. Causation can be satisfied as long as the defendant was a substantial factor in causing the harm. Statutory torts. A statutory tort is like any other, in that it imposes duties on private or public parties, however they are created by the legislature, not the courts. For example, the European Union's Product Liability Directive imposes strict liability for defective products that harm people; such strict liability is not uncommon although not necessarily statutory. As another example, in England common law liability of a landowner to guests or trespassers was replaced by the Occupiers' Liability Act 1957; a similar situation occurred in the U.S. State of California in which a judicial common law rule established in Rowland v Christian was amended through a 1985 statute. Statutory torts also spread across workplace health and safety laws and health and safety in food. In some cases federal or state statutes may preempt tort actions, which is particularly discussed in terms of the U.S. FDA Preemption; although actions in the United States for medical devices are preempted due to Riegel v Medtronic, Inc. (2008), actions for medical drugs are not due to Wyeth v Levine (2009). Nuisance. "Nuisance" is traditionally used to describe an activity which is harmful or annoying to others such as indecent conduct or a rubbish heap. Nuisances either affect private individuals (private nuisance) or the general public (public nuisance). The claimant can sue for most acts that interfere with their use and enjoyment of their land. In English law, whether activity was an illegal nuisance depended upon the area and whether the activity was "for the benefit of the commonwealth", with richer areas subject to a greater expectation of cleanliness and quiet. The case Jones v Powell (1629) provides an early example, in which a person's professional papers were damaged by the vapors of a neighboring brewery. Although the outcome of this case is unclear, Whitelocke of the Court of the King's Bench is recorded as saying that since the water supply in area was already contaminated, the nuisance was not actionable as it is "better that they should be spoiled than that the commonwealth stand in need of good liquor". In English law, a related category of tort liability was created in the case of Rylands v Fletcher (1868): strict liability was established for a dangerous escape of some hazard, including water, fire, or animals as long as the cause was not remote. In Cambridge Water Co Ltd v Eastern Counties Leather plc (1994), chemicals from a factory seeped through a floor into the water table, contaminating East Anglia's water reservoirs. The Rylands rule remains in use in England and Wales. In Australian law, it has been merged into negligence. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

Superfund is, a colloquial term that the United States Environmental Protection Agency dubbed appropriate for a federal statute.   That federal statute is called the Comprehensive Environmental Response Compensation and Liability Act.  The acronym for that is CERCLA.  So when you hear someone talking about CERCLA, that's the long name for that particular federal statute. Why superfund? Because part of the statute requires the federal government to set up essentially what is a Superfund,  a huge pot of money –  billions of dollars – that is earmarked to deal with immediate cleanup and emergency response actions for these particular polluted sites that are either burning or exploding or generally require an emergency response act. Listen in as we discuss Superfund sites, what all is involved and how long cases like these stay open.

Superfund is, a colloquial term that the United States Environmental Protection Agency dubbed appropriate for a federal statute.   That federal statute is called the Comprehensive Environmental Response Compensation and Liability Act.  The acronym for that is CERCLA.  So when you hear someone talking about CERCLA, that's the long name for that particular federal statute. Why superfund? Because part of the statute requires the federal government to set up essentially what is a Superfund,  a huge pot of money –  billions of dollars – that is earmarked to deal with immediate cleanup and emergency response actions for these particular polluted sites that are either burning or exploding or generally require an emergency response act. Listen in as we discuss Superfund sites, what all is involved and how long cases like these stay open.

This week we're replaying a Great Trials Podcast classic episode that originally aired in January 2020 with guests William Applegate and Liam Duffy of Yarborough Applegate (https://www.yarboroughapplegate.com/). Remember to rate and review GTP in iTunes: Click Here To Rate and Review   Case Details: Yarborough Applegate attorneys William Applegate and Liam Duffy share how they secured the largest jury verdict in Colleton County, South Carolina history for the wrongful death of landscaper Jose Larios. While trimming palm trees on Edisto Island, South Carolina, Jose screamed in pain and fell from a 25-foot ladder. Further investigation revealed hidden power lines that shocked Jose, causing him to fall and suffer fatal injuries. In this wrongful death case where the defense disputed the cause of Jose's injuries, the jury returned a verdict of $21 million in damages and assigned 90 percent of the responsibility to Dominion Energy South Carolina and 10 percent to Jose.  Click to Read/Download the Complete Trial Documents   Guest Bios: William Applegate William is a graduate of the University of South Carolina School of Law. As a law student, he received the Public Interest Law Society Grant to work in Washington, D.C., served as vice-president of the Pro Bono Board, and was a student member of the John Belton O'Neal Inn of Court. Following law school, he served as a law clerk to the Honorable James R. Barber, III, of the Fifth Judicial Circuit of the State of South Carolina, before starting a private practice with Motley Rice, one of the largest plaintiff's firms in the country.   William has represented individuals and companies as plaintiffs throughout South Carolina and the U.S. and has achieved significant recoveries on their behalf. He has experience in a variety of different legal areas and has litigated cases covering a broad spectrum, ranging from Federal Employer's Liability Act relating to occupational disease and catastrophic injuries; Jones Act personal injury; Oil Pollution Act cases relating to oil spills from container ships and oil refineries; products liability relating to unsafe products and unsafe drugs; toxic spills from railroad companies; consumer fraud class actions; commercial litigation, as well as securities fraud, derivative, deal, and misrepresentation cases under the Securities and Exchange Act. Read Full Bio   Liam Duffy Liam is a Washington, D.C. native who has called Charleston home for more than a decade. He is a proud product of the College of Charleston and is a summa cum laude graduate of the Charleston School of Law.   While in law school, Liam earned several CALI awards (highest grade) and finished in the top five of his graduating class. He was champion of the school's moot court competition and Symposium Editor of the Charleston Law Review, where he brought together the nation's top legal and medical minds for a CLE program titled “Under Further Review: A Legal Look at the World of Sports.” He also served as an extern for The Honorable C. Weston Houck, U.S. District Judge for the District of South Carolina and was selected as a student member of the James L. Petigru Inn of Court.   Prior to joining Yarborough Applegate, Liam practiced with one of Charleston's premier litigation firms, where he represented both plaintiffs and defendants in cases involving unfair trade practices, partnership, and LLC disputes, construction litigation, truck tire failure, products liability, e-Discovery, will contests, breach of contract, catastrophic personal injury, copyright infringement, and a litany of other high-stakes litigation. He has substantial first and second-chair trial experience in multi-million dollar cases and has handled all facets of complex litigation in state and federal courts.   At Yarborough Applegate, Liam draws on his varied experience to advocate for the victims (and families of victims) of catastrophic injuries, wrongful death, and other serious personal or business losses.   Liam is active in the South Carolina Bar Young Lawyers Division, where he has been recognized for his leadership as Representative for the 9th Judicial Circuit. He was also previously appointed to serve as Chair of the ABA Young Lawyers Division's Law Practice Management Committee. Liam is a member of the South Carolina Bar House of Delegates and Vice President of the Charleston Lawyers Club. Through these activities, he is actively involved with Special Olympics South Carolina, Make-A-Wish® South Carolina, and other community organizations. Read Full Bio   Show Sponsors: Legal Technology Services - LTSatlanta.com Digital Law Marketing - DigitalLawMarketing.com Harris, Lowry, and Manton - hlmlawfirm.com   Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2

QUESTION PRESENTED: (1) Whether a settlement that is not under the Comprehensive Environmental Response, Compensation, and Liability Act can trigger a contribution claim under CERCLA Section 113(f)(3)(B); and (2) whether a settlement that expressly disclaims any liability determination and leaves the settling party exposed to future liability can trigger a contribution claim under CERCLA Section 113(f)(3)(B).DateProceedings and Orders (key to color coding)Sep 16 2020 | Petition for a writ of certiorari filed. (Response due October 26, 2020)Oct 21 2020 | Motion to extend the time to file a response from October 26, 2020 to November 25, 2020, submitted to The Clerk.Oct 23 2020 | Motion to extend the time to file a response is granted and the time is extended to and including November 25, 2020.Nov 20 2020 | Motion to extend the time to file a response from November 25, 2020 to December 9, 2020, submitted to The Clerk.Nov 23 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2020.Dec 07 2020 | Brief of respondent United States in opposition filed.Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021.Dec 23 2020 | Reply of petitioner Government of Guam filed. (Distributed)Jan 08 2021 | Petition GRANTED.Feb 22 2021 | Brief of petitioner Government of Guam filed.Feb 22 2021 | Joint appendix filed. (Statement of costs filed)Mar 01 2021 | Brief amicus curiae of ConservAmerica filed.Mar 01 2021 | Brief amici curiae of Territories of The Commonwealth Of The Northern Mariana Islands, et al. filed.Mar 12 2021 | SET FOR ARGUMENT on Monday, April 26, 2021.Mar 15 2021 | Record requested.Mar 16 2021 | The record received from the U.S. District and Bankruptcy Courts is electronic and located on Pacer.Mar 16 2021 | The record from the U.S.C.A. is electronic and located on Pacer. The oral argument transcript, has been electronically received and filed.Mar 24 2021 | Brief of respondent United States filed.Mar 30 2021 | CIRCULATEDMar 31 2021 | Brief amicus curiae of Atlantic Richfield Company filed. (Distributed)Apr 16 2021 | Reply of petitioner Government of Guam filed. (Distributed)Apr 26 2021 | Argued. For petitioner: Gregory G. Garre, Bethesda, Md. For respondent: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.★ Support this podcast on Patreon ★

Dogs use their mouths to experience their world. But what happens when a dog's friendly mouthing turns into something more serious? Are there ways to prevent your dog from biting? And what are the laws surrounding a bite? Sherri Davis, Canada's Dog Master, looks for answers by talking to Certified Animal Behaviourist Michael Shikashio. Then, to learn more about how the legal system treats bite incidents, Sherri sits down with Personal Injury Lawyer, Jeremy Magence to learn more about DOLA – the Dog Owners' Liability Act.

Things you should know about the prep act --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app --- Send in a voice message: https://anchor.fm/cal34/message

This week, your hosts Steve Lowry and Yvonne Godfrey interview Paula Jossart of Jossart Law Office, LLC (https://www.jossartlaw.com/)   Remember to rate and review GTP in iTunes: Click Here To Rate and Review   Episode Details: Award-winning Minnesota personal injury lawyer Paula Jossart of Jossart Law Office, LLC discusses how she secured justice for Scott Kowalewski, a switchman who was exposed to toxic hydrocarbons while working at the Burlington Northern Santa Fe Railway (BNSF) Northtown Yard in Minneapolis in 2014 and, as a result, suffered a severe neurological injury. Rail cars carrying hazardous chemicals from a fracking site in Texas leaked, causing Scott to feel a burning pain in his chest and to lose consciousness. Scott was later diagnosed with a progressive neurological disorder, which significantly diminishes his motor function, making it difficult to swallow, write, get out of bed or perform everyday tasks. Despite BNSF's claims that the company is not responsible for Scott's health problems and many evidence and discovery abuses, a Hennepin County, Minnesota jury returned a verdict of $15,343,753 in damages against BNSF for violating the Federal Employers' Liability Act. Following the jury trial, Judge Amy Dawson assigned a $4.6 million misconduct penalty to BNSF for concealing and destroying evidence related to the case, paying off a witness and misleading federal investigators.    Click Here to Read/Download the Complete Trial Documents   Guest Bio: Paula Jossart Paula Jossart is an experienced personal injury attorney and railroad injury attorney recognized for her record of success in actions against railroads and insurance companies. She has achieved multiple seven and eight-figure verdicts in her career including a recent $21 million judgment against the BNSF.  In 2015, she achieved three million-dollar-plus verdicts for victims with personal injury claims in Hennepin County (Minneapolis, MN). She also attained one of Minnesota's larger personal injury verdicts ─ totaling more than $12.5 million ─  for a man burned by steam from a boiler on which he was working.   A fearless advocate for her clients, Paula Jossart has represented persons in personal injury and FELA (Federal Employees' Litigation Act) cases in Minnesota and states across the country, including Arizona, Iowa, Illinois, Missouri, North Dakota, South Dakota, Washington and Wisconsin. She served as lead counsel for injured victims in the nation's largest anhydrous ammonia spill and has worked on many other large chemical exposure cases.   Choosing the right personal injury attorney your important life matter can make a significant difference in the outcome. Paula Jossart encourages potential clients to do their own research before hiring an attorney. Ask about the attorney's actual courtroom and trial experience. Ask about the results that are being advertised on their website. Who achieved the results? What did the result actually mean for the client? Does the attorney put clients first? Or, does the attorney have a record of urging most clients to settle out of court?   Paula Jossart is a union designated attorney, a tenacious fighter, and a caring and compassionate client advocate. Respected by her peers, she was honored as a Minnesota Attorney of the Year, Outstanding Trial Lawyer by the Minnesota Association of Justice, a Rising Star by Minnesota Law & Politics numerous times, and named one of the Top Young Lawyers. She is a member of the Academy of Rail Labor Attorneys and the Minnesota Association of Justice.   Read Full Bio Show Sponsors: Legal Technology Services - LTSatlanta.com Digital Law Marketing - DigitalLawMarketing.com Harris, Lowry, and Manton - hlmlawfirm.com   Free Resources: Stages Of A Jury Trial - Part 1  Stages Of A Jury Trial - Part 2

This week, your hosts Steve Lowry and Yvonne Godfrey interview William Applegate and Liam Duffy of Yarborough Applegate (https://www.yarboroughapplegate.com/ ).   Remember to rate and review GTP in iTunes: Click Here To Rate and Review   Case Details: Yarborough Applegate attorneys William Applegate and Liam Duffy share how they secured the largest jury verdict in Colleton County, South Carolina history for the wrongful death of landscaper Jose Larios. While trimming palm trees on Edisto Island, South Carolina, Jose screamed in pain and fell from a 25-foot ladder. Further investigation revealed hidden power lines that shocked Jose, causing him to fall and suffer fatal injuries. In this wrongful death case where the defense disputed the cause of Jose's injuries, the jury returned a verdict of $21 million in damages and assigned 90 percent of the responsibility to Dominion Energy South Carolina and 10 percent to Jose.    Click Here to Read/Download the Complete Trial Documents     Guest Bios:   William Applegate   William is a graduate of the University of South Carolina School of Law. As a law student, he received the Public Interest Law Society Grant to work in Washington, D.C., served as vice-president of the Pro Bono Board, and was a student member of the John Belton O'Neal Inn of Court. Following law school, he served as a law clerk to the Honorable James R. Barber, III, of the Fifth Judicial Circuit of the State of South Carolina, before starting a private practice with Motley Rice, one of the largest plaintiff's firms in the country.   William has represented individuals and companies as plaintiffs throughout South Carolina and the U.S. and has achieved significant recoveries on their behalf. He has experience in a variety of different legal areas and has litigated cases covering a broad spectrum, ranging from Federal Employer's Liability Act relating to occupational disease and catastrophic injuries; Jones Act personal injury; Oil Pollution Act cases relating to oil spills from container ships and oil refineries; products liability relating to unsafe products and unsafe drugs; toxic spills from railroad companies; consumer fraud class actions; commercial litigation, as well as securities fraud, derivative, deal, and misrepresentation cases under the Securities and Exchange Act. Read Full Bio Liam Duffy   Liam is a Washington, D.C. native who has called Charleston home for more than a decade. He is a proud product of the College of Charleston and is a summa cum laude graduate of the Charleston School of Law.   While in law school, Liam earned several CALI awards (highest grade) and finished in the top five of his graduating class. He was champion of the school's moot court competition and Symposium Editor of the Charleston Law Review, where he brought together the nation's top legal and medical minds for a CLE program titled “Under Further Review: A Legal Look at the World of Sports.” He also served as an extern for The Honorable C. Weston Houck, U.S. District Judge for the District of South Carolina and was selected as a student member of the James L. Petigru Inn of Court.   Prior to joining Yarborough Applegate, Liam practiced with one of Charleston's premier litigation firms, where he represented both plaintiffs and defendants in cases involving unfair trade practices, partnership, and LLC disputes, construction litigation, truck tire failure, products liability, e-Discovery, will contests, breach of contract, catastrophic personal injury, copyright infringement, and a litany of other high-stakes litigation. He has substantial first and second-chair trial experience in multi-million dollar cases and has handled all facets of complex litigation in state and federal courts.   At Yarborough Applegate, Liam draws on his varied experience to advocate for the victims (and families of victims) of catastrophic injuries, wrongful death, and other serious personal or business losses.   Liam is active in the South Carolina Bar Young Lawyers Division, where he has been recognized for his leadership as Representative for the 9th Judicial Circuit. He was also previously appointed to serve as Chair of the ABA Young Lawyers Division's Law Practice Management Committee. Liam is a member of the South Carolina Bar House of Delegates and Vice President of the Charleston Lawyers Club. Through these activities, he is actively involved with Special Olympics South Carolina, Make-A-Wish® South Carolina, and other community organizations. Read Full Bio   Show Sponsors:   Legal Technology Services - LTSatlanta.com   Digital Law Marketing - DigitalLawMarketing.com   Harris, Lowry, and Manton - hlmlawfirm.com   Free Resources: Stages Of A Jury Trial - Part 1 Stages Of A Jury Trial - Part 2

In Atlantic Richfield Co. v. Christian, the Supreme Court will determine whether the Comprehensive Environmental Response, Compensation, and Liability Act preempts state common law claims for restoration damages for pollution also addressed by an EPA-directed cleanup plan. In this case, a Montana copper smelter polluted its neighbors’ properties for decades but has also spent $450 million to remediate this pollution under a plan negotiated with EPA. Believing Montana state law entitles them to more extensive restoration than the EPA plan provides, neighboring property owners sued Atlantic Richfield for trespass and nuisance, seeking restoration damages and other relief. Jonathan Wood and Corbin Barthold join us to discuss the oral argument in this case and its implications for CERCLA and property rights.In this special, extended analysis episode, we have two guests. The first voice you will hear is Corbin Barthold, Senior Litigation Counsel at Washington Legal Foundation followed by Jonathan Wood, Senior Attorney at the Pacific Legal Foundation.As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

In Atlantic Richfield Co. v. Christian, the Supreme Court will determine whether the Comprehensive Environmental Response, Compensation, and Liability Act preempts state common law claims for restoration damages for pollution also addressed by an EPA-directed cleanup plan. In this case, a Montana copper smelter polluted its neighbors’ properties for decades but has also spent $450 million to remediate this pollution under a plan negotiated with EPA. Believing Montana state law entitles them to more extensive restoration than the EPA plan provides, neighboring property owners sued Atlantic Richfield for trespass and nuisance, seeking restoration damages and other relief. Jonathan Wood and Corbin Barthold join us to discuss the oral argument in this case and its implications for CERCLA and property rights.In this special, extended analysis episode, we have two guests. The first voice you will hear is Corbin Barthold, Senior Litigation Counsel at Washington Legal Foundation followed by Jonathan Wood, Senior Attorney at the Pacific Legal Foundation.As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

In Atlantic Richfield Co. v. Christian, the Supreme Court will determine whether the Comprehensive Environmental Response, Compensation, and Liability Act preempts state common law claims for restoration damages for pollution also addressed by an EPA-directed cleanup plan. In this case, a Montana copper smelter polluted its neighbors’ properties for decades, but has also spent $450 million to remediate this pollution under a plan negotiated with EPA. Believing Montana state law entitles them to more extensive restoration than the EPA plan provides, neighboring property owners sued Atlantic Richfield for trespass and nuisance, seeking restoration damages and other relief. Jonathan Wood and Corbin Barthold join us to discuss the oral argument in this case and its implications for CERCLA and property rights.Featuring: -- Jonathan Wood, Senior Attorney, Pacific Legal Foundation-- Corbin K. Barthold, Senior Litigation Counsel, Washington Legal Foundation

In Atlantic Richfield Co. v. Christian, the Supreme Court will determine whether the Comprehensive Environmental Response, Compensation, and Liability Act preempts state common law claims for restoration damages for pollution also addressed by an EPA-directed cleanup plan. In this case, a Montana copper smelter polluted its neighbors’ properties for decades, but has also spent $450 million to remediate this pollution under a plan negotiated with EPA. Believing Montana state law entitles them to more extensive restoration than the EPA plan provides, neighboring property owners sued Atlantic Richfield for trespass and nuisance, seeking restoration damages and other relief. Jonathan Wood and Corbin Barthold join us to discuss the oral argument in this case and its implications for CERCLA and property rights.Featuring: -- Jonathan Wood, Senior Attorney, Pacific Legal Foundation-- Corbin K. Barthold, Senior Litigation Counsel, Washington Legal Foundation

This week's episode of the Proper Lookout Podcast continues our series following the MAIA Masterclass that we conducted on 17 September 2019 with Belinda Cassidy, Andrew Stone SC and Peter Hunt. Our esteemed panel were asked to consider the application of the mental harm provisions of the Civil Liability Act 2002 (NSW) to MAIA.

It was used to shield the owners of the ill-fated ocean liner Titanic from financial ruin. And now, this same law--that dates back before the US Civil War....is being used by the owners of the the Conception dive boat which caught fire and sank killing 34 people.   So, we will go In Depth on the legal twists and turns of the so-called Limitation of Liability Act. And now, it has happened here.  Here in L.A. County. The first death tied to vaping. The Federal government --again---urging people to stop vaping amid what is now clearly a national health emergency. We will take a closer look. The homeless.  Lots of places in Southern California are wrestling with how to deal with what can best be described as a human tragedy.  Out in Upland, the police chief says homeless camps are nests of criminal activity and he is taking an aggressive stand.  We will go In Depth. And Burbank Congressman Adam Schiff is  one of President Trump's chief critics.  The chairman of the House Intelligence Committee is pressing on with investigations into the President's conduct........and today Congressman Schiff comes to In Depth in our  "Home for Recess" series, to talk the China trade war, foreign affairs, and yes, President Trump. See omnystudio.com/policies/listener for privacy information. Learn more about your ad choices. Visit podcastchoices.com/adchoices

In this episode of CII Radio, we talk to David Johnson, partner at DAC Beachcroft, about the Civil Liability Act. David is a catastrophic personal injury lawyer. He specialises in assisting insurance clients in defending high value personal injury claims. The Civil Liability Act came into force in December 2018, but only part of it came straight into force, with other parts of the reforms still to be finalised. So there's still much we don't know about how the Act and related reforms will be implemented. The Act covers several areas, including the discount rate, whiplash reforms, and cost savings. To find out more about CII Radio, and for useful links, please visit thejournal.cii.co.uk/podcasts/

In this episode, Paul is joined by Ashley Ellixson of United Dairymen of Arizona to discuss Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Materials discussed in this episode: EPA, CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms (last visited Feb. 4, 2018). Goeringer, Paul, Jon Moyle, Jenny Rhodes, and Kelly Nuckolls, Reporting Continuous Release Emissions (UME, Jan. 16, 2018).   You can contact Ashley Ellixson at aellixson@UDAZ.ORG.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses a 2017 court ruling that will require livestock operations to report ammonia emissions under a federal law theComprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Materials discussed in this episode: EPA, CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms (last visited Feb. 4, 2018). Goeringer, Paul, Court of Appeals Rules Against Animal Ag Reporting Exemption in Two Environmental Laws (AREC, May 10, 2017). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Subsurface areas such as basements are hidden harbors for silent and toxic intrusion of vapors that can lead to detrimental health effects. The Environmental Protection Agency has always had an interest in vapor intrusion, but now, rousing recent interest the agency has made a stark move. It has proposed to add vapor intrusion as a qualifier for priority sites under Superfund or the Comprehensive Environmental Response Compensation and Liability Act which will greatly impact those businesses found responsible for contamination. On this episode, Silent and Toxic Plumes, we speak with attorney and environmental expert, Stan Millan with the law firm Jones Walker in New Orleans about EPA’s recent stirrings in Vapor Intrusion. Mr. Millan has been practicing environmental law before courts and agencies for over 40 years. He also teaches environmental law at Tulane and Loyola University.

Attorney Renee Townsend from the law firm of Secrest, Wardle, Lynch, Hampton, Truex and Morley, P.C. discusses the Trespass Liability Act and its impact on insurers.

A case in which the Court found that the Comprehensive Environmental Response, Compensation, and Liability Act pre-empts statutes of limitations, but cannot be used to pre-empt statutes of repose.