In doing so, she undertakes and oversees due diligence assessments, retains and works with consultants, engineers and other environmental professionals to quantify potential liabilities, and drafts and negotiates contract language to effectively allocate the risk
of environmental liabilities between the parties.
Mr. Poplawski also has extensive experience in representing Debtors with regard to the treatment
of environmental liabilities in bankruptcy.
People are afraid that there might be skeletons lurking in the closet, which might take the form
of environmental liabilities, upcoming lawsuits, or even unpaid tax bills.»
One wonders what the Ontario MTC (with perfect hindsight) was supposed to have done in the 1960s — anticipate the growth of environmental testing and the imposition of stricter forms
of environmental liability.
New Day Underwriting Managers LLC is a specialty intermediary serving retail insurance brokers and their clients by delivering optimal risk management solutions in the areas
of environmental liability and construction - related professional liability for all industry types.
Not exact matches
Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability
of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost
of accommodating, announced increases in the build rates
of certain aircraft; 6) the effect on aircraft demand and build rates
of changing customer preferences for business aircraft, including the effect
of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result
of global economic uncertainty or otherwise; 8) the effect
of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution
of key milestones such as the receipt
of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation
of our announced acquisition
of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability
of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk
of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production
of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts
of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak
of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact
of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition
of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect
of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and
environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect
of changes in tax law, such as the effect
of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations
of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect
of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability
of raw materials and purchased components; 23) our ability to recruit and retain a critical mass
of highly - skilled employees and our relationships with the unions representing many
of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment
of interest on, and principal
of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness
of any interest rate hedging programs; 28) the effectiveness
of our internal control over financial reporting; 29) the outcome or impact
of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product
liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition
of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result
of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks
of doing business internationally, including fluctuations in foreign current exchange rates, impositions
of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.
Such risks, uncertainties and other factors include, without limitation: (1) the effect
of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels
of end market demand in construction and in both the commercial and defense segments
of the aerospace industry, levels
of air travel, financial condition
of commercial airlines, the impact
of weather conditions and natural disasters and the financial condition
of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization
of the anticipated benefits
of advanced technologies and new products and services; (3) the scope, nature, impact or timing
of acquisition and divestiture or restructuring activity, including the pending acquisition
of Rockwell Collins, including among other things integration
of acquired businesses into United Technologies» existing businesses and realization
of synergies and opportunities for growth and innovation; (4) future timing and levels
of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability
of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope
of future repurchases
of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level
of other investing activities and uses
of cash, including in connection with the proposed acquisition
of Rockwell; (7) delays and disruption in delivery
of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits
of organizational changes; (11) the anticipated benefits
of diversification and balance
of operations across product lines, regions and industries; (12) the outcome
of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact
of the negotiation
of collective bargaining agreements and labor disputes; (15) the effect
of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect
of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect
of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act
of 2017),
environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability
of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition
of conditions that could adversely affect the combined company or the expected benefits
of the merger) and to satisfy the other conditions to the closing
of the pending acquisition on a timely basis or at all; (18) the occurrence
of events that may give rise to a right
of one or both
of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee
of $ 695 million to United Technologies or $ 50 million
of expense reimbursement; (19) negative effects
of the announcement or the completion
of the merger on the market price
of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation
of their businesses while the merger agreement is in effect; (21) risks relating to the value
of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown
liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability
of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.
Michael Greenstone, a professor
of environmental economics at the Massachusetts Institute
of Technology, says that removing, or at least significantly increasing
liability caps, is the most effective way
of synchronizing the interests
of the oil industry with that
of the public.
Martijn Wilder, Baker & McKenzie partner in charge
of global
environmental markets and climate change, said the firm hadn't done much climate litigation in the past but the pace
of inquiries from companies seeking reassurance about any potential
liability had quickened.
Or, as pointed out by the federal environment minister McKenna in a letter Thursday to B.C. environment Minister George Heyman, that Canada already has a mountain
of regulation to ensure a world - leading regime to transport oil and products, including: the Railway Safety Act, the Pipeline Safety Act, the National Energy Board Act, the Canada Shipping Act, 2001, the Marine
Liability Act, the Fisheries Act, the Canadian
Environmental Protection Act, 1999, and that Ottawa has pledged to spend an additional $ 1.5 billion to protect its coasts and marine environment.
In Budget 2013, the Minister
of Finance revised down the forecast for the deficit in 2012 - 13 marginally, from $ 26 billion to $ 25.9 billion... However, the revised estimate includes $ 2.4 billion for AECL
environmental liabilities.
He thereby set the standard for
environmental legislation in my country, and laid the foundations for the doctrines
of enterprise
liability in American law.
Much
of the focus in due diligence is on the costs
of remediation and future
environmental liabilities because one thing those firms don't like is uncertainties around unexpected law suits or big clean - up bills popping up in the future.
For example, last year, FLPC students developed fact sheets on date labeling, tax incentives, and
liability protections for the Massachusetts Department
of Environmental Protection (Mass DEP) and Recycling Works as it rolled out its organic waste ban across the state.
«(5) SUPERFUND SITE - The term «Superfund site» means a site included on the National Priorities List developed by the President in accordance with section 105 (a)(8)(B)
of the Comprehensive
Environmental Response, Compensation, and
Liability Act
of 1980 (42 U.S.C. 9605 (a)(8)(B)-RRB-.
In addition, most
of the units that have been sold were done so illegally to limited
liability companies and not to low - income families as they were supposed to be, according to Patsy Wooters, a Preserve Ramapo member and the 2010 winner
of the Rockland County Executive's Outstanding
Environmental Volunteer Award.
The company, with a staff
of 24, operates two profit - making divisions: Synapse Services, which provides specialized
environmental insurance, and Synapse Risk Management, which helps property owners manage
environmental liabilities.
Since the 1980s, most
of the countries which signed the Antarctic Treaty have generally agreed that the «polluter pays», that is
liability for
environmental damage rests firmly with the operator.
In light
of that,
environmental groups are furious about the failure
of the Senate last year to increase the federally mandated total
liability that oil companies should have to pay for such disasters.
In a May ruling, the 2nd U.S Circuit Court
of Appeals in New York said the attacks were an act
of war, exempting defendants
of liability under a law enacted in 1980 to deal with
environmental and health risks caused by industrial pollution.
The federal Comprehensive
Environmental Response, Compensation and
Liability Act (CERCLA) includes exceptions to liability, including act
Liability Act (CERCLA) includes exceptions to
liability, including act
liability, including acts
of war.
But we are running out
of environment — that is, out
of the capacity
of the environment to absorb energy's impacts without risk
of intolerable disruption — and our heavy dependence on oil in particular entails not only
environmental but also economic and political
liabilities.
The segment provides a variety
of standard and niche insurance products, including general
liability, workers» compensation, commercial marine, professional and medical
liability lines, and
environmental risk
liability.
The fear is that, regardless
of BP's profitability, the company will be swamped by astronomical
liabilities associated with untold
environmental damage.
Investors should also consider any off - balance sheet or contingent
liabilities that might be incurred in the course
of an actual liquidation, such as plant closing and
environmental laws.
«The
liabilities for
environmental, asbestos and latent injury claims and claims expenses net
of reinsurance recoverable were approximately $ 13.9 billion at December 31, 2011.»
The
liabilities for
environmental, asbestos and other latent injury claims and claims expenses net
of reinsurance recoverables were approximately $ 13.7 billion at December 31, 2013 and $ 14.0 billion at December 31, 2012.
Standard & Poor's increased Liberty Mutual's rating one level to BBB from BBB - after Berkshire's National Indemnity Co. agreed last week to provide as much as $ 6.5 billion
of coverage for the insurance company's
liabilities for asbestos,
environmental and workers» compensation policies.
IBNR reserves are based upon our historic general
liability exposure base and policy language, previous
environmental loss experience and the assessment
of current trends
of environmental law,
environmental cleanup costs, asbestos
liability law and judgmental settlements
of asbestos
liabilities.
Property values could decrease because
of overbuilding,
environmental liabilities, uninsured damages caused by natural disasters, a general decline in the neighborhood, losses due to casualty or condemnation, increases in property taxes, or changes in zoning laws.
One
of the reasons they put down so much salt is to prevent
liability in a slip - and - fall case,» says Ted Diers, administrator in the Department
of Environmental Services» water division.
Incentives should include exemption
of microbusinesses (under 20 employees, and under $ 2 million annual revenue) from the more onerous reporting,
environmental liability, minority quotas, employee
liabilities, OSHA hassles, and taxation (including patent «maintenance fees»), imposed by the federal government.
This is a time when critical choices must be made about future sources and uses
of energy and the realization that all potential energy sources, quite apart from the carbon dioxide problem, have serious social, economic and
environmental liabilities.
A chemical company in Hunan province was compensated 11,000 yuan for an
environmental liability policy it bought from Ping An Insurance when chlorid gas leaked from its plants and poisoned vegetable fields
of some 120 villagers.
Exxon and other fossil fuel companies could face «a huge universe
of potential plaintiffs» in civil
liability suits in coming years, said Carroll Muffett, a lawyer who is president and CEO
of the Center for International
Environmental Law, with offices in Washington and Geneva.
In the case
of a large office, for example, the combination
of green design techniques and clever technology can not only reduce energy consumption and
environmental impact, but also reduce running costs, create a more pleasant working environment, improve employees» health and productivity, reduce legal
liability, and boost property values and rental returns.
The Rose Foundation for Communities & the Environment, in Oakland, Calif., has already asked the SEC to mandate disclosure
of financially significant
environmental liabilities.
James Thornton, head
of the ClientEarth NGO — a group
of environmental lawyers — says attaching
liability for climate change to major carbon emitters is close to reality.
• States shall develop national law regarding
liability and compensation for the victims
of pollution and other
environmental damage.
Use
of any Goldman Prize materials without approval constitutes a violation
of the intellectual property rights
of the Goldman
Environmental Prize and subjects you to
liability and potential monetary damages.
The company is well aware
of the problem, with its former director
of environmental affairs calling it «our no. 1
environmental liability.»
The bill is likely to be a broad collection
of provisions, including some in response to the gulf spill that would increase the
liability caps on oil companies and impose tougher
environmental and safety rules on offshore drilling.
John has written before about how manure lagoons may become a
liability in a warming climate, but even now the practice
of storing vast amounts
of animal waste in anaerobic lagoons is causing major
environmental concerns.
Within the Policy Brief, Lehr writes that the ten years following the establishment
of the EPA in 1971 he «helped write a significant number
of legislative bills that were to make up a true safety net for our environment,» including, «Water Pollution Control Act (later renamed the Clean Water Act), Safe Drinking Water Act, Resource Conservation and Recovery Act, Surface Mining and Reclamation Act (which, surprisingly, covered deep mines as well), Clean Air Act, Federal Insecticide, Rodenticide, and Fungicide Act, and Comprehensive
Environmental Response Compensation and
Liability Act (which we now know as Superfund).»
(Foreseeability is increasingly a necessary element
of liability for a Canadian
environmental tort; this is certainly the case for negligence (Berendsen).)
The usual hidden
liabilities such as ethical issues and
environmental problems could also be deal killers,
of course.
Jason Pettus is a civil litigation defense attorney with a strong litigation background through the representation
of general contractors, subcontractors, owners, and design professionals in the resolution
of all manner
of construction issues, including construction / design defect claims,
environmental claims and contractual disputes, catastrophic injury, premises
liability, and motor vehicle accidents in both state and federal courts, as well as insurance coverage analysis, advisement
of clients, and coverage litigation.
Environmental, Safety and Health We can aid you in the management of large - scale environmental liability and compliance issues, complex project siting and land development, and pub
Environmental, Safety and Health We can aid you in the management
of large - scale
environmental liability and compliance issues, complex project siting and land development, and pub
environmental liability and compliance issues, complex project siting and land development, and public advocacy.
Stephen has a broad civil litigation practice with extensive experience in breach
of trust claims, commercial disputes, construction liens, construction and
environmental liability claims, First Nations consultation rights in land development, insurance coverage, product
liability, professional
liability and subrogation.
Lana Olson focuses her practice on complex, high - stakes litigation in a variety
of areas, including
environmental and toxic tort, product
liability, employment and catastrophic injury.