On October 11, 2017, the EPA issued its Record of Decision (“ROD”) selecting the remedy for the San Jacinto River Waste Pits Superfund Site in Harris County, Texas. The proposed remedy calls for excavation and off-site disposal of source materials and contaminated soils from impoundments in and adjacent to the San Jacinto River. The proposed […]Read more "EPA Chooses Removal for the San Jacinto River Waste Pits"
In Texas, when the law requires a contract to be in writing, electronic communications can satisfy that requirement, but only if each party agrees to conduct the transaction electronically. Even when neither party explicitly says that it has agreed to conduct transactions by electronic means, the context and surrounding circumstances can show that that the […]Read more "You Can Agree to Make a Contract Electronically Without Explicitly Saying So"
At least in the state of New York, the law where the courtroom sits determines the scope or existence of any privilege. Companies should not assume that courts in other locations will respect the privilege rules of their home state. They must also consider the privilege rules in locations where they may face litigation, rules […]Read more "Location of the Courtroom Determines Privilege Rules"
In many industrial construction or services contracts, contractors agree to provide insurance for the owners. Additionally, contractors often agree to indemnify the owners, at least to some extent. These provisions are sometimes congruent; that is, the indemnity and insurance provisions can be written so that each obligation corresponds exactly to the other. However, Texas law […]Read more "Contractor’s Obligation to Provide Insurance Is Different From Indemnity"
Baylor University was concerned that it was not in full compliance with federal law relating to complaints of sexual harassment and violence. Baylor also expected litigation. Baylor’s Board of Regents hired the Pepper Hamilton law firm to investigate Baylor’s procedures, policies and other “institutional response” aspects of Baylor’s compliance obligations. Baylor and Pepper Hamilton agreed […]Read more "Baylor Case: Public Statements Can Waive Privilege"
On August 4, 2017, at the 29th Annual Texas Environmental Super Conference, I heard presentations from Patrick Traylor, Deputy Assistant Administrator for the EPA’s Office of Enforcement and Compliance Assurance and Jeffrey Wood, Acting Assistant Attorney General of the Environment and Natural Resources Division of the U.S. Department of Justice (“DOJ”). These federal officials spoke […]Read more "DOJ/EPA Officials Deny Significant Changes to SEP Policy Due to Sessions Memo"
In one paragraph, the Texas Supreme Court reiterated that landowners must allow easement holders to conduct their operations, consistent with the easement that they hold. Landowner Must Allow Access for Regulatory Compliance On July 26, 2017, the Court issued an Order directing a trial court to issue any necessary temporary orders to allow Denbury Green […]Read more