Samuel Henderson Translations

Professional legal and patent translations

LUSTy landowner bears heavy burden on summary judgment

Crossposted from Valpo Law Blog.     Wherever you live, odds are you aren’t very far from an underground storage tank filled with a toxic substance like gasoline. That tank could be leaking right now and you wouldn’t know. The contamination is out of sight and out of mind—until it finally comes to light years or decades later. Then the question is: who foots the bill?   The recent Indiana.. Read More

Climate necessity defense may go to trial in Michigan

    The stakes in the fight over climate change could not be higher, and a Michigan jury may soon have the chance to judge those stakes for themselves.   Here is the background: Early in the morning on June 24, 2013, local activist Chris Wahmhoff skateboarded deep into a pipeline segment on an Enbridge Line 6B construction site in Marshall, Michigan. When he emerged after having stopped work on.. Read More

Equitable CERCLA resolution requires full record, 7th Circuit rules

Cross-posted from Valpo Law Blog.   On September 25, the Seventh Circuit vacated a trial court judgment that had found paper manufacturer NCR 100% liable for the costs of cleaning up polychlorinated biphenyls (PCBs) in Wisconsin’s Lower Fox River. Chief Judge Diane Wood wrote for the three-judge panel. Judge Wood is not known for prolixity. So when she writes a 31-page opinion, you know it’s going to cover a lot.. Read More

Lead weight lifts from East Chicago

Cross-posted from Valpo Law Blog.  On September 3, the EPA entered into a consent decree with two major companies to clean up lead and arsenic contamination in a residential area near the USS Lead Superfund site in East Chicago, Indiana. The consent decree was filed with the US District Court for the Northern District of Indiana in Hammond (less than three miles due west of USS Lead). Under the decree’s.. Read More