Articles

Thomas: EPA declares war against aftermarket defeat devices

Volkswagen’s recent emissions scandal triggered criminal and civil prosecution by the U.S. Environmental Protection Agency (EPA). In 2017, Volkswagen’s estimated cost resulting from the scandal was more than $30 billion, and that number is growing. In the wake of this scandal, the EPA has declared “war” on an entire subindustry — aftermarket parts — and anyone who manufactures, sells or installs devices that allow drivers to tamper with their vehicle emissions.

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In contamination case, 7th Circuit cleans up messy preclusion fight

Even though none of the businesses disagreed over who contaminated a manufacturing site, the question of who should pay for the cleanup became a fight over claim preclusion that ended with the 7th Circuit Court of Appeals offering instructions on how the lawsuit should have been defended.

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Reversal: USDA farm wetlands ruling arbitrary and capricious

A Hancock County farm family denied U.S. Department of Agriculture benefits since the removal of nine trees from their farm in the 1990s prevailed in litigation against the agency. The 7th Circuit Court of Appeals entered judgment for the family, finding USDA’s rulings in the case arbitrary and capricious.

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