During litigation or a government investigation, a company’s spoliation "spō-lē-`ā-shən" (mishandling, alteration, damage, or destruction) of evidence can lead to sanctions. For trials, this may mean an adverse inference instruction, wherein the court instructs jurors that they may infer that the altered or missing evidence – if it had been available – would have been unfavorable to the offending party’s case.
Continue reading "Preserving Evidence" »
In its long awaited decision, US EPA has announced that it will veto the Section 404 Clean Water Act dredge and fill permit issued to Mingo-Logan’s Spruce Fork Mine. The Army Corps of Engineers finally issued the Section 404 permit to the Logan County mine in 2007 following a decade of permitting, evaluation and litigation. The Spruce Fork mine is the only surface coal mine in the Eastern United States to have performed a complete environmental impact analysis under NEPA. EPA announced its decision in a press release shortly after noon today. The press release may be viewed here.
Continue reading "EPA Announces Expected Permit Veto" »