Environmental Business Torts

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Update on 2013 Amendments to the Oregon Environmental Cleanup Assistance Act

In June 2013, the Governor of Oregon signed into law Senate Bill 814, which created sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of...more

Logging Company Awarded $1.75 million for B.C. Government's Failure to Consult

A recent decision of the B.C. Supreme Court suggests that recovering economic losses caused by blockades or activities that interfere with commercial activities will not be straightforward....more

Alabama Policyholder’s Bad Faith Claim Barred Where Basis of Coverage Denial Was Debatable Under Alabama Law

The U.S. District Court for the Northern District of Alabama, Southern Division, recently granted an insurer’s summary judgment with respect to a policyholder’s tort claim for the bad faith refusal to pay a claim, dismissing...more

In Alabama, Bad Faith Claim Defeated As A Matter Of Law Though Basis For Coverage Denial Was Debatable

A policyholder’s tort claim for the bad faith refusal to pay a claim was dismissed as a matter of law where a legitimate dispute existed as to coverage liability at the time of the coverage decision by the U.S. District Court...more

Sustainability Claims Warrant Extra Caution

Originally published in the Los Angeles Daily Journal on February 28, 2013. National Public Radio recently ran a series on "sustainable" seafood claims which raised concern regarding the validity of certain...more

Los Angeles Battle Over Owens Lake Dust Mitigation Costs Boils Over

There’s a dust up occurring between the City of Los Angeles and the Great Basin Unified Air Pollution Control District (“Great Basin”). What’s the dust up about? Dust! Yes, even something as naturally occurring and...more

Insurance Coverage For Long Tail Injuries In California

The California Supreme Court recently ruled, in a case involving environmental damage at a State controlled waste site, that multiple insurers, who provided coverage to the State at different periods between 1964-1976, are...more

New Jersey Court: Jets and Giants Can’t Sideline American Dream Just Yet

New Jersey Court: Jets and Giants Can’t Sideline American Dream Just Yet by Robert Levy on September 26, 2012 A Bergen County Superior Judge has ruled that the New York Jets and New York Giants jumped the gun in filing...more

Insurance Coverage For Long Tail Injuries In California

The California Supreme Court recently ruled, in a case involving environmental damage at a State controlled waste site, that multiple insurers, who provided coverage to the State at different periods between 1964-1976, are...more

Ford v. Edgewood Properties, Inc. (USDC NJ 8/31/2012)

Ford v. Edgewood Properties, Inc. - RICO and Conspiracy Claims Against Environmental Consultant Survive MSJ

Ford v. Edgewood Properties, Inc. - RICO and Conspiracy Claims Against Environmental Consultant Survive MSJ In the Ford Motor Company v. Edgewood Properties, Inc., Case 2:06-cv-01278-ES-CLW (USDC NJ 8/31/12) case, Civil...more

California Files Suit Against Whittier to Stop Oil Leases

The City of Whittier, California wants to allow oil drilling on a 20 acre parcel of land purchased as part of a much larger parcel acquired by the City in the 1990’s using bond funds approved by Proposition A. The Santa...more

Proposed “Safer Consumer Product Regulations”

Draft regulations regarding toxic substances in consumer products were issued for comment by the California Department of Toxic Substances Control (DTSC) on July 27, 2012. Referred to as the “Safer Consumer Product...more

Solar Tariffs Slapped On Chinese Manufacturers Lead To Challenge And Opportunity At Home

The price of solar panels has fallen 80 percent the past two years and more than 50 percent in the last year alone, according to an article in the Los Angeles Business Journal. But recently the Chinese, who control about...more

Global Warming Solutions Act Starts To Heat Things Up In California

California enacted the Global Warming Solutions Act (AB 32) in 2006. The wide-reaching environmental law is aimed at reducing greenhouse gas emissions by implementing a market based cap-and-trade program tied to an...more

Court Rules Diesel Particulate Emissions Waste Is Not Solid Waste Under RCRA

The Resource Conservation and Recovery Act (RCRA) regulates discarded solid or hazardous waste. A recent lawsuit by environmental groups advanced a novel legal argument that diesel particulates found in diesel exhaust emitted...more

Chevron v. Naranjo, et al.

Second Circuit Opinion Dismissing Chevron's Attempt to Bar Enforcement of Ecuador Judgment.

The U.S. Court of Appeals for the Second Circuit in New York issued an opinion explaining its decision to overturn a district court injunction barring enforcement of the judgment outside of Ecuador. Chevron filed suit in...more

Pig Promise Produces No Prudhoe Pork For Plaintiff

What We’ve Got Here is A Failure to Pig In 2006, BP Exploration (Alaska) Inc. shut down its pipelines and oil production in Prudhoe Bay, Alaska after leaks were discovered in two of its pipelines. Both leaks resulted from...more

Washington Court of Appeals Heralds New Developments in Damages for an Insurer’s Bad Faith Duty to Defend

On April 4, the Washington Court of Appeals issued its decision in Unigard Insurance Company v. Mutual of Enumclaw Insurance Company. The case pertains to the scope of damages that may be assessed for an insurer’s bad faith...more

Protecting Investigative Materials

A great summary of Attorney Client and Work Product Privilege in the context of an internal investigation. Something you should keep in mind when bad things happen....more

Court Ruling adds Hurdle to Implementation of California Greenhouse Gas Rules

A California Superior Court issued a tentative ruling on January 24, 2011 against the California Air Resources Board (CARB or Board) putting in question the Board’s ambitious schedule for reducing greenhouse gases (GHGs) in...more

New Civil Enforcement Efforts Key for Federal Law Enforcement in Western Pennsylvania

New U.S. Attorney, in Briefing for Defense Counsel, Warns Emphasis on "Bringing Money In" From Government Contractors, Health Care Providers, and Energy/Environmental Concerns The new United States Attorney for the...more

BP Oil Spill - Shoot First and Ask Questions Later

This article discusses the BP Oil spill and the race to the courthouse by attorneys. It's all about the money....more

BP Oil Spill - Greed

This article discusses the greed of lawyers and BP. The attorneys want to be first to control the mass tort litigation in order to make more money. BP put profits over safety. At $6 billion profit last quarter, they could...more

Lawsuits, Lawsuits Everywhere

This article takes the BP Oil case and relates it to other cases. It is an attempt to make people think about lawsuits. Does a lawsuit always have to be filed? No. In fact, most attorney make a run at trying to resolve...more

BP Oil Spill - The Sharks are Circling

This article discusses the BP Oil spill and the attempts to gain by lawyers and attorneys. It is an attempt to make people think about whether they need to rush to take legal action....more

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