Administrative Law, Toxic Torts, Civil Remedies

Toxic Tort and Environmental Law Update: January 2013 - New Jersey Supreme Court Clarifies Requisite Nexus for Liability Under...

by F. Paul Pittman | Sedgwick LLP on 1/7/2013

In New Jersey Dept. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme Court held that the New Jersey Department of Environmental Protection (NJDEP) must establish, by a preponderance of the...more

Winning the Superfund Remedy Fight in Court: Don’t Count On It

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 11/30/2012

Remedy decisions are almost always won or lost at the agency level. Once the ROD issues, a PRP’s chance of having the selected remedy overturned in court is slim to none – a point that was driven home in a recent decision in...more

CERCLA and Original Sin -- Who Has to Pay For Other People's Contamination

by Foley Hoag LLP - Environmental Law on 9/28/2012

In an environmental dispute between innocents involving a Church and a downgradient property owner, a federal court recently found the Church, although without original sin, was less innocent and should bear all the costs of...more

State of New Jersey Unsuccessful in Trying to Expand Environmental Liability

by Saul Ewing LLP on 9/27/2012

Any company handling hazardous substances in New Jersey must be aware that while the state was recently unsuccessful in expanding liability for damages under the Spill Act, the Supreme Court clarified what constitutes a...more

Western District of Pennsylvania Limits Party’s Ability to Recover Response Costs

by Sedgwick LLP on 5/16/2012

The U.S. District Court for the Western District of Pennsylvania determined that a potentially responsible party conducting a site cleanup pursuant to both a state court order and an administrative settlement with a state...more

Apportionment in CERCLA -- No Bright Line Test

by Foley Hoag LLP - Environmental Law on 5/2/2012

The Lower Fox River Superfund site continues to pump out decisions on key CERCLA issues. Most recently, the federal court in Wisconsin in US v. NCR Corp. took on the issue of divisibility of harm in granting a preliminary...more

New Oil Pollution Deskbook Highlights OPA Rules

by Patton Boggs LLP on 4/18/2012

The second anniversary of the April 20, 2010 Deepwater Horizon oil spill highlights the big legal risks that come from an oil spill, whether at wells such as BP’s Macondo well, or at pipelines, terminals, storage tanks, or on...more

Essex Chemical Successfully Challenges NJDEP's Natural Resource Damage Suit

by Cole Schotz on 4/13/2012

The New Jersey Appellate Division sides with Essex Chemical Corporation, a subsidiary of DOW Chemical, in a suit filed by the NJDEP in its effort to obtain both restoration and compensatory natural resource damages (“NRDs”)...more

Post Aviall Settlement Jurisprudence -- Back to the Future

by Foley Hoag LLP - Environmental Law on 3/8/2012

Over the first two decades of CERCLA, the rule gradually emerged that parties which settled their liability were restricted to contribution claims under Section 113(f)(1) and would be entitled to contribution protection under...more

Reactions to Lead Paint Ruling Beginning to Surface

by Niles, Barton & Wilmer, LLP on 2/17/2012

In October, the Maryland Court of Appeals issued a very disappointing ruling in the lead paint case of Jackson v. Dackman Co., which nullified a long-standing Maryland statute that granted qualified immunity from lead paint...more

Environmental Enforcement Actions: How Are Civil Penalties Calculated?

by Dave Scriven-Young on 12/14/2011

(Originally published at: http://illinoisenvironmentallaw.com/cleanup/enforcement-actions-how-are-civil-penalties-calculated/) I am often asked by owners and executives of manufacturers and other companies to calculate the...more

High court: WSDOT must pay for Foss cleanup

by Lane Powell PC - Environmental Law on 8/1/2011

If there were any doubts about the potent weapon for recovery of environmental costs that the Model Toxics Control Act has become, those questions should be dispelled by a July 19 decision from Division Two of the Washington...more

Strong Civil and Criminal Enforcement Emphasized in Department of Justice’s 2011 Environmental Enforcement Authorities

by Venable LLP on 2/1/2011

For the Department of Justice's (“DOJ’s”) civil and criminal environmental enforcement arm – the Environment and Natural Resources Division (“ENRD”) – 2010 was an "extraordinarily busy year and a very successful one,"...more

California Proposition 65: A Toxic Solution for Toxic Torts

by Duane Morris LLP on 9/3/2010

California's Proposition 65 is a law that can almost defy explanation, because when one tells the uninitiated how it operates and who is affected, the typical response runs along the lines of "You must be mistaken, nobody...more

Pay Now, Challenge Later: D.C. Circuit Court of Appeals Upholds Constitutionality of EPA Unilateral Administrative Orders in...

by Morrison & Foerster LLP on 7/7/2010

An important decision has upheld the government’s power to order private parties to take expensive cleanup actions with little ability to challenge the order until after completing the work. On June 29, 2010, the U.S. Court...more

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Administrative Law › Toxic Torts › Civil Remedies