US appeals court upholds EPA plan to clean up Chesapeake Bay

Recent Cases

A U.S. appeals court has upheld a federal plan limiting pollution in the Chesapeake Bay despite objections from farmers who accuse the Environmental Protection Agency of abusing its power.

The ruling Monday upholds restrictions on farm and construction runoff and wastewater treatment and is a clear win for environmentalists.

Six states have agreed to the pollution limits: Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia, along with Washington, D.C.,

The American Farm Bureau Federation and others fought the restrictions. They argued that the EPA was usurping state authority to regulate waterways.

The EPA says animal waste and fertilizer that moves from streams into the Chesapeake is the single largest source of bay pollution.

Third Circuit Judge Thomas Ambro says Chesapeake Bay pollution is a complex problem that affects more than 17 million people.

Related listings

  • Michael Jackson’s doctor pleads not guilty

    Michael Jackson’s doctor pleads not guilty

    Recent Cases 07/07/2015

    Michael Jackson’s doctor pleaded not guilty Monday to involuntary manslaughter in the death of the pop star at a brief hearing that had all the trappings of another sensational celebrity courtroom drama. Dr. Conrad Murray, accused of giving Jackson a...

  • US court upholds tough rules on for-profit college loans

    US court upholds tough rules on for-profit college loans

    Recent Cases 06/24/2015

    A federal court has ruled in favor of tough new regulations aimed at career training programs, dealing a major blow to the for-profit college industry. In an opinion released Tuesday, the U.S. District Court for the District of Columbia ruled the Edu...

  • Man pleads guilty to charge over noose on Ole Miss statue

    Man pleads guilty to charge over noose on Ole Miss statue

    Recent Cases 06/22/2015

    A federal prosecutor said in court Thursday that Graeme Phillip Harris hatched a plan, after a night of drinking at a University of Mississippi fraternity house, to hang a noose on a campus statue of James Meredith, the first black student at Ole Mis...

Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read