Category

Environmental
The experienced KDDK Environmental Law Practice Team will address topics such as: How to protect your business from enforcement actions, New real estate innocent purchaser due diligence standards, Permitting requirements, Obtaining third-party funding for clean-ups, RCRA and cradle-to-grave waste stream liability, and More new environmental law developments. When: Thursday, August 15, 2013 7:30 a.m.:  Registration...
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Last updated in 2005, the ASTM E 1527 Standard for Phase I Environmental Site Assessment (“ESA”) is due for renewal under the eight-year ASTM cycle, and is on schedule to be finalized in the next few months. The new ASTM E 1527 Standard is said to better correlate with the EPA’s All Appropriate Inquiry Rule published...
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A recent decision from the Indiana Court of Appeals illustrates the importance of using unambiguous language in release agreements with insurance companies, especially in cases involving coverage for cleanup of environmental contamination. In United States Fidelity and Guaranty Company v. Warsaw Chemical Company, Inc., 49A04-1203-CT-97, the Court reversed a $417,953.00 judgment in favor of Warsaw...
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Often overlooked, commercial real estate tenants, like buyers, should undertake environmental assessments before entering leases. Tenants are title holders just like buyers. Thus, they face succumbing to potentially expensive clean-up liabilities far exceeding a real estate tract or lease’s value.  Skipping this pre-lease process can be disastrous. With so many landlords having financially failed over...
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Mike Schopmeyer recently selected by his peers for inclusion in The Best Lawyers in America® 2013, 19th Edition for his work in U.S. Environmental Law. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey...
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Indiana insureds seeking coverage for environmental claims have long been the beneficiary of court decisions favoring the insured by holding that pollution exclusions are unenforceable in the State of Indiana.  In the March 2012 State Auto. Mut. Ins. Co. v. Flexdar, Inc., 2012 Ind. LEXIS 47 (Ind. 2012) decision, the Indiana Supreme Court, applying a...
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