Environmental Law, Civil Procedure, Toxic Torts

Why Trial Courts Are Reluctant To Exclude Scientific Evidence in Toxic Tort Cases

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 5/21/2013

Environmental litigation, particularly toxic tort litigation, inevitably turns on scientific evidence about causation. Beginning with the Supreme Court’s Daubert decision in 1993, trial courts have repeatedly been admonished...more

California Governor Proposes Reforms to Proposition 65, Seeks To Prevent Abuse of Statute by "Unscrupulous Lawyers"

by Nancy Sher Cohen, Shawn Ledingham, Jr, Gail Port | Proskauer Rose LLP on 5/14/2013

California Governor Edmund Brown has added his voice to a number of California legislators calling for an overhaul of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 – better known as Proposition 65 (the...more

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Paul Morassutti, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/13/2013

In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of...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

What Response Costs Are Necessary Under CERCLA

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 4/24/2013

In a post last year, I discussed what I I thought was the dubious dismissal of a CERCLA cost recovery action in Stratford Holding, LLC v. Fog Cap Retail Investors LLC. ...more

Abolishment of Limitation Periods for Contaminated Sites in BC Put on Hold

by Wally Braul, Laura Gill, Michael Theroux | Bennett Jones LLP on 4/23/2013

In 2012, the government of B.C. passed legislation that would eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

Insurance Recovery Law -- Apr 18, 2013

by Manatt, Phelps & Phillips, LLP on 4/19/2013

Ninth Circuit Narrows Insurers' Options in Pursuing Subrogation Claims Under CERCLA - Why it matters: The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties...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

Exec Insists Safety Came First Before BP Oil Spill

by Josh Crank | Lawyers.com on 4/10/2013

An executive for oil giant BP testified today that he personally worked to improve the company’s safety culture in the years leading up to the Deepwater Horizon oil rig explosion that killed 11 workers and dumped millions of...more

BP’s First Defense Witness Gives Contradictory Testimony

by Josh Crank | Lawyers.com on 4/9/2013

Oil giant BP launched its defense today in the civil trial over the 2010 Deepwater Horizon oil spill, calling to the stand an offshore drilling expert who testified that BP adhered to industry standards throughout the...more

Halliburton Engineer Defends Failed Cement Blend in Doomed Well

by Josh Crank | Lawyers.com on 4/3/2013

An engineer for Halliburton testified today that he wouldn’t change a thing about the cement blend he recommended for oil giant BP’s Macondo well, site of the 2010 Deepwater Horizon oil rig explosion....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

Some clarification regarding challenges to REACH candidate listing

by Raminta Dereskeviciute, Vanessa Edwards, Scott Megregian | K&L Gates LLP on 3/28/2013

In a series of recent judgments the EU General Court has given some guidance to companies considering challenging the inclusion of their substances in the REACH Candidate List. In summary, it is now clear that the listing of...more

Transocean Exec Says Deepwater Horizon Was in ‘Good Condition’

by Josh Crank | Lawyers.com on 3/27/2013

An executive for the owner of the doomed Deepwater Horizon oil rig testified today that though the rig was “not flawless” when it experienced a blowout and explosion that killed 11 workers, “overall it was in really good...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

BP Falsified Data to Drill Doomed Oil Well, Expert Says

by Josh Crank | Lawyers.com on 3/1/2013

An oil well drilling expert testified today that oil company BP “played fast and loose” with government safety regulations by falsifying the well pressure data it presented to federal regulators. Dr. Alan Huffman, a...more

In Alabama, Cost of Complying with a PRP letter Now Insured Under CGL Policies

by Revelle Gwyn, Elizabeth Hamrick, Katherine Henry, Sid Trant | Bradley Arant Boult Cummings LLP on 1/16/2013

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site, the Alabama Supreme Court has held that a PRP letter constitutes a “suit” under a comprehensive general...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

Is There A De Minimis Defense To Liability in Superfund? The Supreme Court Indicated There Was; One District Court Says No.

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 12/3/2012

Burlington Northern squarely decided that where environmental harm is divisible, an individual PRP can obtain apportionment of its liability and be assigned a specific percentage share; in such instances, there will be no...more

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Environmental Law › Civil Procedure › Toxic Torts