Bob Wyman: Is Cap-and-Trade Working for California?
Polsinelli Podcast - What's Around the Corner for Industries Impacted by Energy Issues?
Addressing Environmental Issues in Real Estate Development
Aboveground Storage Tanks: Where Are We Now?
Vapor Intrusion: New Rules by the EPA
Meet Your Deadlines: West Virginia AST Act Challenges
The Water Values Podcast: Rolling Out AMI in San Francisco with Alison Kastama and Heather Pohl (Part 1)
What Are the Important Issues for Investor-Owned Water Utilities?
Winning Formula for Construction Litigation – Lessons Learned from a Recent Trial Win
The Water Values Podcast - How Can We Resolve Water Conflicts?
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The Water Values Podcast: Water as a Business Risk. And Opportunity. With Will Sarni
The Water Values Podcast - The Economics of Water with David Zetland, Ph.D.
Senate Bill 375 and Susatainable Communities Strategies
Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products
Law Prof: The Clean Air Act Needs a Reboot
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
BB&K's Charity Schiller Discusses CEQA Baseline
FCC Proposes New Rules On Local Wireless Siting
Mining: New challenges and opportunities
The Seventh Circuit Court of Appeals has affirmed a district court’s grant of summary judgment in an environmental toxic tort case, holding that the testimony of all three of plaintiffs’ causation experts – James Dahlgren,...more
An Ohio federal district court gave E.I. DuPont de Nemours and Co. a partial victory in litigation over ammonium perfluorooctanoate (“C-8”) drinking water contamination in Ohio and West Virginia by granting partial summary...more
Issuing an opinion that could lower the bar for proving toxic tort causation, the Michigan Court of Appeals held that direct expert testimony may not be necessary to prove causation in a toxic tort case and that a plaintiff...more
Finding only public interests at issue from contamination of public drinking water supplies, a West Virginia federal court dismissed a private nuisance claim, but not a public nuisance claim against a chemical manufacturer. ...more
In a ruling that could broaden parent company exposure to suit in West Virginia, the Southern District of West Virginia found that it had personal jurisdiction over the out-of-state parent company of an in-state water company...more
Creating a Circuit split, the Ninth Circuit held that a tort case against a Washington corporation did not fall under the so-called “local event” exception to the Class Action Fairness Act (“CAFA”) and, therefore, had been...more
After denying their motions to intervene last week (see our coverage here), Judge Hogan issued a Scheduling Order that sets today as the deadline for the eight environmental organizations and State Senator Lesniak (D-Union)...more
A New Jersey state judge ruled on Monday that eight environmental groups and a New Jersey state senator cannot intervene to challenge the $225 million settlement with Exxon Mobil proposed by the New Jersey Department of...more
On June 1, 2015, China’s Supreme People’s Court (“SPC”) issued an interpretation, The SPC Interpretation on Several Questions Concerning Applicable Law in the Adjudication of Environmental Tort Liability Dispute Cases...more
In this Issue:
- EPA Issues SIP Call to Eliminate SSM Defense
- EPA and Corps Define “Waters of The United States”
- Frequent Questions: EPCRA 313
- Generators Need to be Vigilant About TCLP Sampling...more
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up contaminated sites. 42...more
In a victory for potentially responsible parties at multiparty contamination sites, a federal district court in U.S. v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015), held a PRP established that environmental harm at a...more
A Wisconsin district court has ruled that NCR Corporation’s liability for contamination in the Fox River is limited to NCR’s share of contamination contributed to the river....more
Action Item: On March 15, 2015, the United States District Court for the Eastern District of Wisconsin in United States v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015), held that a potentially responsible party (“PRP”) at...more
In a recent decision, the Ninth Circuit Court of Appeals strictly construed the “single local event” exception to federal jurisdiction under CAFA as not encompassing “events or occurrences” that are of a continuing...more
Given the uncertainties after Cooper Industries v. Aviall about what cause of action a PRP has for recovering response costs under CERCLA, many parties take the prudent course of pleading claims under both for cost recovery...more
In a significant victory for defendants facing toxic tort exposure claims, a California federal court dismissed a medical monitoring putative class action brought by drinkers of certain Pepsi products because Plaintiffs...more
In a case that may make it more difficult for plaintiffs to maintain years-old toxic tort cases in Louisiana, a state appellate court ruled that a 1983 chemical spill did not constitute a “continuing tort.” ...more
A Connecticut federal judge recently dismissed a suit seeking to hold Monsanto and others responsible for the cleanup of polychlorinated biphenyls (“PCBs”) released from paint, finding that the plaintiff filed its suit after...more
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
On February 23, 2015, Assemblyman Bill Quirk (D-Hayward) introduced legislation that would definitively define the term “knowing and intentional” that is contained in the actual text of Proposition 65 (Prop 65). There has...more
Selling a piece of commercial property often requires much negotiation and planning, and generally represents the culmination of a result of a well-reasoned business decision. And at the conclusion of the deal—and depending...more
There is a split of authority on how credits for settlements under the Comprehensive Response, Compensation and Liability Act (“CERCLA”) are allocated to non-settlors. Some courts have applied the proportionate share...more
Allocation of liability under CERCLA can get messy. One particularly complex issue arises in a private cost recovery action where some but not all the PRPs have settled with the private party. In contrast to a government...more
The decision sets a high bar for proving intent to dispose of hazardous substances and may make it easier for a party alleged to be liable as an arranger under CERCLA to secure summary judgment. ...more
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