Civil Procedure Environmental Personal Injury

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Municipalities Lose First Round in Bid to Hold PCB Manufacturers Liable For Environmental Impacts

Two Massachusetts municipalities are down but not out in their attempts to hold manufacturers of PCBs responsible for the environmental effects of PCB-containing products decades later. ...more

Ninth Circuit Addresses Several CERCLA Issues of First Impression in the Circuit

In AmeriPride Services Inc. v. Texas Eastern Overseas Inc., the Ninth Circuit examined several issues under CERCLA, some of which were issues of first impression in the Circuit, including: - Whether a district court...more

Vermont Supreme Court Rejects Traditional Environmental Harm Limitation for Pollution Exclusion

In its recent decision in Cincinnati Specialty Underwriters Ins. Co. v. Energy Wise Homes, Inc., 2015 VT 52 (Vt. Apr. 3, 2015), the Supreme Court of Vermont had occasion to consider whether a pollution exclusion is limited to...more

Washington District Court Holds that CERCLA Displaces Federal Common Law Public Nuisance Claims

A Washington district court has recently held that the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) displaces federal common law public nuisance claims for damages. (Anderson v. Teck...more

Petroleum Companies Dismissed from Pair of Louisiana Federal Lawsuits Alleging Environmental Impact to Canals and Coastal Lands

Federal judges in the Eastern District of Louisiana recently dismissed a pair of cases against petroleum companies relating to their legacy exploration and production activities. In Alford v. Anadarko E&P Onshore LLC, 2015...more

Locke Lord QuickStudy: No Duty to Protect the Levee Districts’ Interest in the “Buffer Zone”

In a lengthy opinion issued on February 13, 2015, Judge Nannette Brown of the United States District Court for the Eastern District Of Louisiana found that the eighty-eight oil and gas defendants sued by the Board of...more

Louisiana Federal Court Excludes “Every Exposure” Testimony

Adding to the growing body of case law that rejects the so-called “every exposure” theory, a federal court in Louisiana has excluded specific causation opinions of a plaintiffs’ expert who relied on the theory, finding that...more

Washington Federal Court Finds Nuisance Claims Displaced by CERCLA

Expanding the reach of the federal displacement doctrine and the U.S. Supreme Court’s decision in AEP v. Connecticut, a federal district court for the first time held that the Comprehensive Environmental Response,...more

New York Federal Court Finds that CERCLA’s Petroleum Exclusion Covers Benzene Derived from Gasoline Degradation

In White Plains Housing Authority v. Getty Properties Corp., No. 13-cv-6282, 2014 WL 7183991 (S.D.N.Y. Dec. 16, 2014), the district court applied the petroleum exclusion of the Comprehensive Environmental Response,...more

Environmental Alert: "Texas Supreme Court Declines to Determine Effect of Permit in Subsurface Trespass Case"

The Supreme Court of Texas upheld a jury verdict finding that a landowner did not suffer trespass from a wastewater injection well located on adjacent property. Environmental Processing Systems, L.C., v. FPL Farming Ltd.,...more

Supreme Court's Petition Denial in Clean Air Act Pre-emption Case Reinforces Threat From Common Law Claims

The United States Supreme Court denied a petition for certiorari earlier this month after the Iowa Supreme Court held in June that the plaintiffs' nuisance claims were not pre-empted by the Clean Air Act (CAA) in Freeman v....more

Proof and Causation Matter: District Court Declines to Penalize ExxonMobil in Texas Citizen Suit

On Wednesday, Judge David Hittner, of the District Court for the Southern District of Texas, in a decision long enough to require two separate pdfs, declined to impose an injunction or penalties (plaintiffs sought...more

Federal Court Finds Potential Risks to Human Health and the Environment from Pesticide Use on Genetically Modified Organisms...

In Jim Aana, et al. v. Pioneer Hi-Bred International, Inc., et al. (August 26, 2014) (2014 WL 4241221), a consolidated class-action lawsuit filed by the residents of Waimea, Kauai, the United States District Court for the...more

Proving An Operator’s Gross Negligence: Is Intention Required?

Establishing an operator’s gross negligence requires “a degree of intentionality”, the Alberta Court of Queen’s Bench recently held in Bernum Petroleum Ltd v Birch Lake Energy Inc, 2014 ABQB 652 [Bernum]....more

Minnesota Federal Court Clarifies Pleading Standard in Vapor Contamination Case

In an opinion that may help clarify the jurisdictional and pleading requirements for plaintiffs seeking damages and injunctive relief for alleged injuries from vapor intrusion, the federal district court in Minnesota denied a...more

Kentucky Federal Court Holds Tort Claims Not Preempted by Clean Air Act

State common law tort claims based on air emissions from a power plant are not preempted by the federal Clean Air Act (CAA), according to the U.S. District Court for the Western District of Kentucky. The court agreed to...more

Uncertainty about the time limit for filing a groundwater contamination claim in North Carolina.

What is the latest date upon which a private plaintiff must file a claim for personal injury or property damage based on groundwater contamination in North Carolina? Until recently, the answer to this question appeared...more

Texas High Court Finds Expert Opinion on Stigma Damages Too Speculative

Clarifying when expert testimony on alleged diminution in property value becomes legally sufficient to support a so-called “stigma” claim, the Texas Supreme Court struck down a $350,000 jury verdict based on environmental...more

American Pipe Tolling Inapplicable In Texas Negligent Misstatement Case

The Southern District of Texas found that negligent misstatement claims filed more than two years after the last alleged misstatement were time-barred and that the applicable statute of limitations was not tolled under...more

NE Supreme Court Issues Insurer-Friendly Decision on the Applicability of the Pollution Exclusion

In interpreting the scope of the pollution exclusion, one question seems to appear in case after case — what exactly does the pollution exclusion exclude? In State Farm Fire & Casualty Company v. Dantzler, 289 Neb. 1 (2014),...more

CT Law of the Land

SC19090, SC19091 - FairwindCT, Inc. v. Connecticut Siting Council - This decision upheld the Siting Council’s authorization to a Pullman & Comley client to install wind turbine electrical generation facilities in...more

N.J. Federal Court Dismisses Environmental Suit Against Lockheed Martin for Lack of Health Threat

A New Jersey federal court recently dismissed an environmental suit against Lockheed Martin, rejecting the plaintiffs’ argument that any exposure to particular environmental contaminants is harmful. Leese v. Lockheed Martin...more

Is There a Duty to Defend Pollution Claims? It’s the Complaint, Stupid

This Spring, cases from Florida and Wisconsin reaffirmed the general proposition that a liability insurer’s duty to defend must be determined from the specific claims in the underlying complaint against the insured, and not...more

Which Ground for Federal Jurisdiction is the Safest in Dredging Cases?: Board of Commissioners of the Southeast Louisiana Flood...

The Eastern District of Louisiana recently denied the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East’s (Plaintiff) Motion to Remand its suit against 92 oil and gas companies back to state...more

Washington Insurance Law 2014 Mid-Year Update

During the first six months of 2014, Washington judges issued several notable insurance-related decisions. Some of those decisions were favorable to insurers and could benefit insurers in future insurance claims and lawsuits...more

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