- Atrazine Litigation and Regulation
In the November 4, 2009 issue (Volume 8, Issue 44) of The Voice, published by the Defense Research
Institute (DRI), Mark Misiorowski and
Joel Eagle co-author an article analyzing growing concerns over potential environmental and health risks associated with the use of the agricultural herbicide Atrazine. Atrazine has been widely used for decades to suppress weeds in corn, soybean, sugar cane, and wheat sorghum crops on farms throughout the U.S., as well as in Christmas tree nurseries and golf courses. For this reason, many states and local government agencies are looking into the possible harmful effects of atrazine on drinking water sources. A class-action law suit in Illinois and new efforts by the Obama USEPA to study this issue point to potential new regulations on the use of atrazine and possible new claims against the manufacturers and distributors of this product.
For a copy of this
article, click here.
- CERCLA Defense following Supreme Court Decision in Burlington Northern
Mark Misiorowski and
Joel Eagle co-authored an article for publication in the Defense Research
Institute (DRI) publication For the Defense, August 2009, titled "After
the Supreme Court’s Burlington
Northern Decision.”
This article reviews
the checkered past of CERCLA, the federal environmental cleanup law, from early
scandals and poor drafting to the depletion of the Superfund monies and lack of renewed
funding source for enforcement. The article then details the Supreme Court’s recent decision in
Burlington Northern
& Santa Fe Railway Co. v. United States, and how the
decision may affect the Defense Bar. The article concludes with practical tips
and suggestions for CERCLA defense after Burlington Northern.
For a copy of this
article, click here.
- Supreme Court case of Burlington Northern
Mark Misiorowski and Joel Eagle co-authored an article for publication in The Bureau of National Affairs, Inc.: Environment Reporter, 5/22/09, titled "The Diminishing Role of Science in CERCLA after Burlington Northern & Santa Fe."
This article analyzes the recent U.S. Supreme Court decision in Burlington Northern & Santa Fe Railway Co. v. United States,
and the Court's decision to ignore past practices of allocating
liability and costs in Superfund cases based on scientific evidence and
expert witnesses. The Court's ratification of a simplistic "reasonable
basis" approach to cost allocation reduces likelihood that PRPs will be
forced to pay in the future.
For a copy of this article, click here.
- Carbon Tetrachloride Contamination of Groundwater
Mark Misiorowski and Joel Eagle co-authored an article for publication in The Bureau of National Affairs, Inc.: Daily Environment, 11/27/07, titled "A Well of a Problem: The Legacy of Carbon Tetrachloride in U.S. Groundwater."
This
article describes the widespread problem of continuing and persistent
groundwater contamination from a previously banned pesticide, carbon
tetrachloride. The article details the health hazards to humans who
may ingest the chemical when their source of drinking water is
contaminated. The article discusses the difficulties with fully
remediating this chemical to acceptable and safe levels, and concludes with a description of various remediation techniques.
For a copy of this article, click here.
- Hazmat Industry Regulations Following 9/11
Mark Misiorowski authored an article for publication in The Bureau of National Affairs, Inc.: Daily Environment, 10/2/03, titled "Threats of Terrorism Bring New Security Requirements for the Hazmat Industry."
This
article describes the impact to hazmat transportation companies as well
as chemical manufacturers and storage facilities from the U.S.
Department of Transportation new rules in 2003 designed to address
homeland security threats following the attacks of 9/11. Mr.
Misiorowski outlines the steps companies will need to take to comply
with the new rules as well as the possible penalties for noncompliance.
For a copy of this article, click here.
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