Civil Procedure, Commercial Law & Contracts, Environmental Law

U.S. District Court Says BLM Must Address Environmental Impacts of Fracking - Court Finds Fracking Operations are Subject to NEPA...

by Fernando Avila, Lucas Quass | Best Best & Krieger LLP on 4/24/2013

In an order addressing hydraulic fracturing (fracking) on federal lands, the U.S. District Court for the Northern District of California ruled that the Bureau of Land Management (BLM) violated the National Environmental...more

Earth Matters - April 2013: Fracking Moratorium Leads to Termination of Oil and Gas Leases

by Kevin Hogan | Phillips Lytle LLP on 4/23/2013

In 2008, then-Governor David A. Paterson directed the New York State Department of Environmental Conservation (DEC) to supplement its environmental impact review of oil and gas exploration in New York to consider the...more

Fourth Circuit Restricts “Bona Fide Prospective Purchaser” Defense

by William Cleveland, IV, Perrin Dargan, III, David Franchina | K&L Gates LLP on 4/19/2013

On April 4, 2013, the Fourth Circuit issued a ruling in PCS Nitrogen Inc. v. Ashley II of Charleston that, among other things, may limit the availability of the “bona fide prospective purchaser” (“BFPP”) defense that Congress...more

CBD v. Salazar And The Way Forward For Fracking In Federal Minerals

by Tyler Welti | Perkins Coie on 4/18/2013

On March 31, 2013, a magistrate judge with the U.S. District Court for the Northern District of California ruled that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) in issuing...more

Ninth Circuit Orders Endangered Species Act Case To Be Reheard En Banc

by Ashley Remillard | Nossaman LLP on 3/7/2013

On March 5, 2013, the United States Court of Appeals for the Ninth Circuit ordered Natural Resources Defense Council v. Salazar, 1:05-cv-01207, to be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and...more

Sudden and Accidental Pollution in Massachusetts — Not Always Fatal To Coverage

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 2/22/2013

In some jurisdictions, an environmental claim under a liability policy with a “sudden and accidental” pollution exclusion has the same prospect of success as a due process claim under the strict scrutiny standard — strict in...more

Another Win for Pennsylvania Policyholders Concerning the Duty to Defend and the Pollution Exclusion

by Luke Debevec, John Ellison | Reed Smith on 2/6/2013

Policyholders with pollution-related liabilities in Pennsylvania scored another win in January, in the ongoing litigation battle with insurance companies that argue for the broadest possible interpretation of the "pollution...more

DC Circuit Remands PM2.5 Implementation Rules to EPA

by Cozen O'Connor on 1/24/2013

On January 4, 2013, the U.S. Court of Appeals for the District of Columbia Circuit held in Natural Resources Defense Council v. EPA, No. 08-1250, that the U.S. Environmental Protection Agency (EPA) had improperly promulgated...more

Alabama Supreme Court Holds PRP Letter Triggers Duty to Defend

by Traub Lieberman Straus & Shrewsberry LLP on 1/3/2013

In its recent decision in Travelers Cas. & Sur. Co. v. Ala. Gas Corp., 2012 Ala. LEXIS 174 (Ala. Dec. 28, 2012), the Supreme Court of Alabama addressed for the first time whether a PRP letter from the EPA qualifies as a...more

Is CERCLA More Reasonable Than the Common Law? Only in California, I Hope

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 12/28/2012

In Burlington Northern, the Supreme Court made clear that, in order to impose liability on a defendant as an “arranger” under Superfund for the sale of a product, the plaintiff must demonstrate that the defendant "must have...more

The Proper Reach of Pollution Exclusion Provisions In Insurance Coverage Claims

by Foley Hoag LLP - Environmental Law on 11/2/2012

Most people would likely consider pollution to be a concept that is tied to harm to the environment -- contamination of soil, groundwater, or ambient air. Consistent with this common understanding of pollution, courts have...more

11th Circuit: Total Pollution Exclusion Bars Coverage for Carbon Monoxide Poisoning

by Sedgwick LLP on 9/12/2012

In Scottsdale Insurance Co. v. Pursley, Slip Copy, 2012 WL 3553405 (11th Cir. Aug. 20, 2012), the U.S. Court of Appeals for the 11th Circuit rejected an attempt to limit the application of a commercial general liability...more

D.C. Circuit Calls Strike Two on EPA’s Cross-State Air Pollution Rule

by K&L Gates LLP on 8/27/2012

On August 21, 2012, the Court of Appeals for the District of Columbia vacated and remanded the U.S. Environmental Protection Agency’s “Transport Rule” – an ambitious regulation that sought to impose new limits on sources of...more

Rhode Island's Easily Triggered Duty of An Insurer to Defend Environmental Cases

by Foley Hoag LLP - Environmental Law on 7/19/2012

The First Circuit recently confirmed the traditional rule that it doesn’t take much to trigger an insurer’s duty to defend a policyholder against an environmental claim. In Travelers Casualty and Surety Company v. Providence...more

DISPUTE RESOLUTION: Business Litigation: Preserving the Attorney-Client Privilege Between Client, Attorney, and Independent...

by King & Spalding on 7/11/2012

Energy companies may sometimes need to hire a non-expert independent technical consultant or engineer to perform sensitive environmental or related work, whether it be remediation/cleanup, conduction of environmental studies,...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Civil Procedure › Commercial Law & Contracts › Environmental Law

U.S. District Court Says BLM Must Address Environmental Impacts of Fracking - Court Finds Fracking Operations are Subject to NEPA...

Earth Matters - April 2013: Fracking Moratorium Leads to Termination of Oil and Gas Leases

Fourth Circuit Restricts “Bona Fide Prospective Purchaser” Defense

CBD v. Salazar And The Way Forward For Fracking In Federal Minerals

Ninth Circuit Orders Endangered Species Act Case To Be Reheard En Banc

Sudden and Accidental Pollution in Massachusetts — Not Always Fatal To Coverage

Another Win for Pennsylvania Policyholders Concerning the Duty to Defend and the Pollution Exclusion

DC Circuit Remands PM2.5 Implementation Rules to EPA

Alabama Supreme Court Holds PRP Letter Triggers Duty to Defend

Is CERCLA More Reasonable Than the Common Law? Only in California, I Hope

The Proper Reach of Pollution Exclusion Provisions In Insurance Coverage Claims

11th Circuit: Total Pollution Exclusion Bars Coverage for Carbon Monoxide Poisoning

D.C. Circuit Calls Strike Two on EPA’s Cross-State Air Pollution Rule

Rhode Island's Easily Triggered Duty of An Insurer to Defend Environmental Cases

DISPUTE RESOLUTION: Business Litigation: Preserving the Attorney-Client Privilege Between Client, Attorney, and Independent...

Supreme Court of California Hears Arguments in State of California v. Continental Insurance Co.

The Shale Play Today - April 2012

CEQA Limitations Period Tolling Agreements Upheld By First District Court of Appeal

Arizona Enacts Environmental Audit Privilege Legislation

Supreme Court of Virginia Reaffirms No Coverage for Global Warming Lawsuit

Will Green Codes LEED to Litigation?

McAfee & Taft RegLINC - April 2012

Subject Matter Jurisdiction Under RCRA: Testing the Limits of the Commerce Clause in a Citizens' Suit

Interview Agrarisch Magazine januari 2012

Will Slow But Steady Win the Race? Cape Wind Clears One More Hurdle

Expand Your Reach