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February 18, 2009
Superfund: Woburn winding down.
Never as infamous as Love Canal, but equally as disturbing in its harm to human beings and property, the Woburn Superfund site got the rapt attention and genuine concern of even the most industry-oriented environmental lawyers, and their clients. Woburn, in Middlesex County, Massachusetts, also received more than its fifteen minutes as the subject of Jonathan Harr's book A Civil Action, which later became a popular movie. Due to the litigation described in the book, and the threat to the local public water supply, EPA in 1983 designated 330 acres of Woburn a Superfund site (Wells G and H site).
Like other New England sites, Woburn was a hazardous waste site for well over 100 years. After another 25 years of litigation, discovery, EPA enforcement activity, remediation and mega-publicity, the clean-up effort at Woburn continues. About four more years to go. See The Boston Globe of February 12: "After 25 years, Superfund site cleanup nears final phase". If you are interested in a slightly jaded but concerned view of what Superfund (or CERCLA) achieved, and did not achieve, read "A Dark Legacy's Impact", which appeared three years ago in Water & Wastewater News.
Posted by JD Hull at 11:52 PM | Comments (0)
GM and Chrysler want a few billion more.
At Dow Jones's MarketWatch, see "GM, Chrysler request up to $39 billion in loans". The lead:
General Motors Corp. and Chrysler LLC, both drowning in debt as car sales continue to spiral downward, submitted requests to the U.S. Treasury late Tuesday that, if granted, could provide up to $39 billion in emergency loans to keep the automakers from falling into bankruptcy.
As the Wall Street Journal notes, GM also has outlined a "bankruptcy contingency" plan, which it said would require up to $100 billion in financing from Treasury should GM take the conventional Chapter 11 route. In any event, GM will also
shut five more factories on top of the closures it had already planned. In addition, it plans to eliminate thousands of dealerships and slash 47,000 jobs this year around the world, leaving it with a work force of about 200,000.
All of the above is true. WAC? has not made anything up yet today.
Posted by Holden Oliver (Kitzbühel Desk) at 11:48 PM | Comments (1)
You think?
It would be personally and judicially disrespectful to the United States Supreme Court and its justices for me to proceed in this or any other matter involving Massey.
--West Virginia Chief Justice Brent Benjamin
Okay, be hard on yourself, if you must. We almost missed this one on an issue that interests us, and should interest you, too. Especially if, like us, you'd rather spend your time reading the five cases cited in your brief than picking out a really boss Mickey Mouse tie on the morning of your next appearance before a popularly elected state court jurist. The Associated Press reported on February 2 that "West Virginia Justice Bows Out Of Massey Cases Amid Scrutiny".
Apparently, Brent Benjamin's memo announcing the "bowing out" was dated January 30, 2009. In mid-November of last year, the U.S. Supreme Court granted certiorari on whether Benjamin's past refusal to recuse himself from a Massey case, after Massey's CEO had contributed $3 million to Benjamin's successful election campaign in 2004, violated the Due Process Clause of the Fourteenth Amendment. In that West Virginia case, Benjamin had voted with the majority to overturn a $50 million jury verdict against Massey. Reform, anyone?
Posted by Holden Oliver (Kitzbühel Desk) at 11:35 PM | Comments (0)