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Articles by Randall Mark Levine
EPA Citizen Suit Proposal Could Reshape Who Can Sue and When, EHSLeaders
EHSLeaders cited a Morgan Lewis LawFlash written by partners Duke McCall and Randall Mark Levine and associate Drew Cleary Jordan in an article examining the US Environmental Protection Agency’s (EPA’s) proposed update to its citizen suit notice procedures and its potential implications for environmental enforcement.
EPA Proposes New Citizen Suit Notice Requirements
The US Environmental Protection Agency recently proposed to amend its pre-suit notice requirement for citizen suits under major federal environmental statutes. The proposed rule would require notices of intent (NOIs) to sue be served on EPA electronically rather than by mail.
Clearing the Air: Navigating Toxic Fume Litigation Risk | JD Supra
The current wave of litigation, news coverage, and congressional interest related to alleged “toxic fumes” in aircraft cabins brings with it increased litigation risks to airlines, OEMs, suppliers, and aircraft lessors, among others in the aviation industry. While the issue of cabin air quality and related litigation is not new, recent developments warrant close attention and proactive strategies to manage risk.
Clearing the Air: Navigating Toxic Fume Litigation Risk
The current wave of litigation, news coverage, and congressional interest related to alleged “toxic fumes” in aircraft cabins brings with it increased litigation risks to airlines, OEMs, suppliers, and aircraft lessors, among others in the aviation industry. While the issue of cabin air quality and related litigation is not new, recent developments warrant close attention and proactive strategies to manage risk.
State & Federal Public Records Laws: An Often-Overlooked Discovery Tool
Information and document requests under the Freedom of Information Act and analogous state public records laws can be powerful and relatively inexpensive tools in a party’s litigation toolbox and are not only reserved for plaintiffs.
Assume everyone is mishpucha
My family has a long running joke: “The corner of Forbes and Murray is the center of the universe.” What it means is that, if you just ask enough questions, eventually you will probably find out that someone you thought was a stranger is really from Squirrel Hill. At least a little bit. So you should never assume that strangers are strangers. Assume they’re “mishpucha” — family — and act accordingly. Growing up in Squirrel Hill means being enfolded by the mishpucha.
Ninth Circuit: US Must Pay Share of CERCLA Cleanup Costs at Former Military Plant
The decision could make it easier to recover from the government for CERCLA response costs at former defense production facilities and shift leverage in settlement discussions. On October 4, a panel of the US Court of Appeals for the Ninth Circuit held in TDY Holdings v. United States that the US government must pay a share of the cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) at a site that produced equipment for the US military.
Recent Case Highlights Considerations for Working with Media Consultants During a Crisis
A Pennsylvania Superior Court decision declining to extend attorney-client privilege to media consultants illustrates best practices for how a company should manage communications with outside consultants during a crisis scenario. Questions regarding privilege and work-product protection play critically important roles in the relationship among client, attorney, and outside consultants—including media consultants.
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