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Tag: protection

Feb 13, 2019

Public Hearing Scheduled for Trump’s Water Rule Proposal

Trump's Water Rule Proposal - Contaminated Pond

The U.S. EPA announced on February 6 plans to hold public hearings in Kansas City on February 27 and 28 to discuss the Trump administration’s attempt to clarify which waters and wetlands receive protections under the Clean Water Act (“CWA”).  The water rule proposal is an attempt to rewrite the Obama administration’s Clean Water Rule which the Trump administration believes is overreaching in scope.  The proposed rule (RIN:2040-AF75), still protects rivers and lakes, but not isolated ponds and wetlands.  Protection of intermittent streams, would be based on a complicated formula and based on average flow in a typical year. For… Read more

Oct 28, 2005

Liability of Condominium Managers and Unit Owners for Injuries to Third Parties

Dictionary: Liability

On October 25, 2005, New York’s intermediate appellate court issued a decision of concern to both condominium boards and individual unit owners.  Although the decision, on its face, appears to limit the personal liability of unit owners for claims made against the condominium by third parties, it, in fact, poses new and troubling issues regarding the personal liability of condominium board members while not ultimately providing unit owners real protection. We described the case involved, Pekelnaya v. Allyn, in our March 24, 2004 memorandum.  The lawsuit was commenced after a section of chain link fence fell from the rooftop of… Read more