Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
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
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
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
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
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
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
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
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
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
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
(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
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
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'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
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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