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Underground Storage Tanks
There are over a half-million underground storage tanks in the United States containing petroleum or other substances that are subject to federal regulation. This is in addition to the countless underground and above-ground tanks storing heating oil or other substances that are not subject to federal oversight. These tanks have been the focus of major federal and state environmental legislation over the last three decades. Among other things, this legislation has given rise to financial responsibility requirements that continue to drive the market for insurance for certain classes of tanks.
The patchwork of federal and state legislation aimed at regulating storage tanks, and what happens in the event of a release, is far too broad a topic to address in a single article. Rather than attempting to discuss each of the relevant issues, this article will provide a brief overview of the federal regulatory system and how this system affects the insurance market. This article also explores some of the issues that often arise in the context of insurance coverage for underground storage tank releases, both for dedicated tank policies and under homeowners insurance.
Regulatory Overview
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?