Land Use & Environmental Law
By EMILEE MOONEY SCOTT
A quick spin around, a home improvement or baby supply store reveals a number of products proclaiming that they are free of particular ingredients (BPA-free bottles! VOC-free paint!). The Federal Trade Commission issued guidance in October 2012 explaining when such "free-of" claims would be considered deceptive. In recent settlements concerning paints marketed as VOC-free, the FTC showed that it will focus on consumer desires and expectations specific to the product type in question in assessing environmental marketing claims.
By DIANE WHITNEY and MARIE PHELAN
Did your grandparents ever regale you with stories of their youth, living in a village where most things were within walking distance? Or maybe you grew up in such a place yourself. Though small town life still exists in many places, the growth of the post-World War II suburbs means that a great many people did not grow up in a walkable village and probably do not live in one now.
By CHRISTOPHER J. SMITH
Almost eight years ago, you interred the remains of a loved one on your residential property. Both you and your deceased loved one hoped to be buried side by side on your property. Approximately 10 months later, you received a letter entitled "Cease and Desist Order" sent by the town's zoning enforcement officer (ZEO). The order stated that the town's "zoning regulations do not allow for private burials on residential property." You were further advised that "upon receipt of this Order you have 30 days to comply with the town's zoning regulations, or appeal this Order to the town's zoning board of appeals."
By JANE FREEMAN
Do conditions of a zoning variance need to be explicitly described in the variance certificate? The Connecticut Supreme Court has answered this question with a resounding "no" in Anatra v. Zoning Board of Appeals of the Town of Madison, decided in February.
By ANDREW N. DAVIS and JASON C. HILLMAN
Golfers dread hitting the links with a sandbagger. That's the fellow golfer who hides their real playing abilities to gain a competitive advantage. As in the golfing world, sandbaggers exist in the corporate mergers and acquisitions world, where "sandbagging" occurs when a buyer, who becomes aware pre-closing that a particular representation or warranty (or covenant) made by the seller in the transaction agreement is untrue, nevertheless proceeds to close the deal, and later seeks post-closing indemnification from the seller for a breach.
By SARAH P. KOWALCZYK and SAMUEL BUTCHER
Several states in the Northeast, including Massachusetts, Rhode Island, New Hampshire and New Jersey, have developed guidance and in some cases are amending regulations to address a new understanding of the risks associated with the migration of contaminant vapors into indoor air. Changes in approach are coming as a result of both an improved understanding of the toxicity of some compounds and also an improved understanding of the science of how contaminants migrate in the subsurface. The question is, what will Connecticut do and how will it affect property owners?
By CAROLYN J. CAVOLO
Town planners up and down our coast are updating their websites and planning town meetings to address the changes that have come down the pike from our Federal Emergency Management Agency. FEMA administers the National Flood Insurance Program (NFIP) and from time to time, the program publishes Flood Insurance Rate Maps, so-called flood maps.