Civil Procedure, Environmental Law, Civil Remedies

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/7/2013

In Wiggins v. WPD Canada Corporation, the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective (not yet approved) wind turbine project,...more

Update on CEQA Reform: Steinberg’s Quest for the “Elusive Middle Ground”

by Shaye Diveley, Miles H. Imwalle | Morrison & Foerster LLP on 5/1/2013

The last year witnessed what once appeared to be a groundswell of support for the “modernization” of the California Environmental Quality Act (“CEQA”), loosely meaning easing the burden of the process itself and minimizing...more

BP Unable To Block Oil Spill Claim Payments

by John Schifino | Burr & Forman on 4/29/2013

On March 15, 2013, BP asked United States District Court Judge Carl Barbier, Jr. to block the Deepwater Horizon claims administrator from awarding “business economic losses” that BP contends are “fictitious” claims for...more

First District Holds CEQA Remedies Provision Allows Park District’s Eminent Domain Action To Proceed Pending Preparation of...

by Arthur F. Coon | Miller Starr Regalia on 4/25/2013

In Golden Gate Land Holdings LLC v. East Bay Regional Park District (4/12/13 1st Dist., Div. 5) _____ Cal.App.4th _____, 2013 WL 1491547, the First District Court of Appeal explored the scope and proper application of CEQA’s...more

Condemn Now, CEQA-Compliance Later? OK. Maybe....

by Brad Kuhn | Nossaman LLP on 4/19/2013

Acquiring property for public projects typically does not occur until after the project has received environmental approval. While this is the generally accepted rule – and it makes sense for a number of reasons – must a...more

Federal Court Denies Joint Motion For Consent Decree Regarding The Marbled Murrelet

by Ashley Remillard | Nossaman LLP on 4/15/2013

In American Forest Resources Council v. Ashe, 1:12-cv-00111 (D.D.C. Mar. 30, 2013), the United States District Court for the District of Columbia denied a joint motion for a consent decree regarding the critical habitat...more

The Aransas Project v. Shaw: An Endangered Species Act Decision With Potential Implications for Water Rights

by Laura Evans, Alan Glen, Michael Klein | Sedgwick LLP on 4/5/2013

Last month, a federal district court in Texas ruled that state regulators proximately caused an unlawful “take” of listed whooping cranes in violation of the Endangered Species Act (ESA) because the state surface water permit...more

Maryland’s Highest Court Clarifies Toxic Tort Standards and Reverses a Punitive Damage Award in Excess of $1 Billion

by Mike Williams | Sedgwick LLP on 4/2/2013

The Maryland Court of Appeals clarified certain standards for toxic tort claims, reversed a judgment in excess of $1 billion in punitive damages, vacated approximately $640,000,000 in compensatory damages, and remanded...more

Ontario Court Rejects Damage Recovery in Contamination Claim, Adopting a Strict Analysis That May Hinder Future Claims

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 3/26/2013

In Midwest v. Thordarson (Midwest) 2013 ONSC 775, the Ontario Superior Court of Justice dismissed a property owner’s claim for damages for remediation costs stemming from the alleged migration of contaminants from a...more

BP, Alabama to File for Sanctions Against Halliburton

by Josh Crank | Lawyers.com on 3/22/2013

Lawyers for oil giant BP and the state of Alabama told a federal judge today that they intend to file for sanctions against Halliburton for its handling of cement samples in the wake of the 2010 Deepwater Horizon oil rig...more

Rhode Island Cleans Up Problematic Superfund Precedent That Undermined Federal Settlements

by Thomas Allen, Sheila Harvey, Liz Lord | Pillsbury Winthrop Shaw Pittman LLP on 3/21/2013

The U.S. District Court for the District of Rhode Island has vacated its 2010 summary judgment decision in Ashland Inc. v. GAR Electroforming, 729 F. Supp. 2d 526 (D.R.I. 2010), just days after receiving an amicus memorandum...more

First Circuit Affirms Pro-Rata Damages Verdict in Boston Gas

by Choate Hall & Stewart LLP on 1/29/2013

What you need to know: The US First Circuit Court of Appeals affirmed the trial court’s pro-rata, time-on-the-risk allocation of damages from environmental contamination in the long-running Boston Gas case. The court...more

CERCLA Cost Recovery or Contribution Claim: Another Judicial Misstep

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 12/31/2012

The chaos unleashed by Aviall continues in a recent decision by the Seventh Circuit. In Bernstein v. Blankert, the Seventh Circuit revisited the issue whether a party having entered into an Administrative Order by Consent...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

Energy and Environmental Law Alert: Federal Court Rejects Attempt to Amend $700 Million Cleanup Remedy in Wisconsin

by Leonard, Street and Deinard on 11/29/2012

On November 21, 2012, a federal court in Wisconsin refused to allow a group of defendants to force the EPA to formally amend a cleanup remedy issued under the federal Superfund law to allow for a $269 million cost increase....more

Appellate Court Holds That Regional Water Quality Control Board Approval Of Discharge Permit For Dairies Fails To Satisfy...

by Kronick, Moskovitz, Tiedemann & Girard on 11/12/2012

In a decision filed on November 6, 2012, the Third District Court of Appeal held that the Central Valley Regional Water Quality Control Board (“Regional Water Board”) failed to comply with the State’s anti-degradation policy...more

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Civil Procedure › Environmental Law › Civil Remedies

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

Update on CEQA Reform: Steinberg’s Quest for the “Elusive Middle Ground”

BP Unable To Block Oil Spill Claim Payments

First District Holds CEQA Remedies Provision Allows Park District’s Eminent Domain Action To Proceed Pending Preparation of...

Condemn Now, CEQA-Compliance Later? OK. Maybe....

Federal Court Denies Joint Motion For Consent Decree Regarding The Marbled Murrelet

The Aransas Project v. Shaw: An Endangered Species Act Decision With Potential Implications for Water Rights

Maryland’s Highest Court Clarifies Toxic Tort Standards and Reverses a Punitive Damage Award in Excess of $1 Billion

Ontario Court Rejects Damage Recovery in Contamination Claim, Adopting a Strict Analysis That May Hinder Future Claims

BP, Alabama to File for Sanctions Against Halliburton

Rhode Island Cleans Up Problematic Superfund Precedent That Undermined Federal Settlements

First Circuit Affirms Pro-Rata Damages Verdict in Boston Gas

CERCLA Cost Recovery or Contribution Claim: Another Judicial Misstep

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

Energy and Environmental Law Alert: Federal Court Rejects Attempt to Amend $700 Million Cleanup Remedy in Wisconsin

Appellate Court Holds That Regional Water Quality Control Board Approval Of Discharge Permit For Dairies Fails To Satisfy...

N.J. Supreme Court Decides Level of Causation Required to Seek Damages Under the Spill Act

State of New Jersey Unsuccessful in Trying to Expand Environmental Liability

Ninth Circuit Dismisses Challenge to Injunction in Delta Smelt Case

CERCLA Apportionment: Volume Isn't Always King

Attorney Member of Public Interest Organization Properly Awarded Attorney Fees

Fees Of Attorney With Personal Interest In CEQA Action Are Recoverable Under Private Attorney General Statute

Parties Must Exhaust Administrative Remedies Before Challenging Even A CEQA Exemption

Divisional Court Affirms the Decision of the Environmental Review Tribunal in Kawartha Lakes

Two Strikes Against Common Law Approaches to Climate Change: The Atmosphere Is Not A Public Trust

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