Environmental Law, Civil Remedies, Commercial Law & Contracts

DISPUTE RESOLUTION: Oil & Gas Litigation: New Decision May Impede Fracking on Federal Land

by King & Spalding on 5/10/2013

Recently, a California federal court blocked drilling on certain federal land located in California’s Monterey Shale Formation play. In reaching its decision, the court relied heavily on perceived risks of fracking, holding...more

Mistakes Have Consequences – British Petroleum’s Settlement

by Cleve Clinton | Looper Reed & McGraw, P.C. on 4/30/2013

Three years ago, Tilting told tales of oil spill legal problems suffered by Forrest Gump, Bubba Gump Shrimp Company, Wok Ann chu-gumm Seafood Restaurants, Chef Red Fishy and Bishop Carp. Tilting predicted class action...more

BLM Fails to Review Fracking Impacts of Oil & Gas Leases in California

by Allison Davis | Davis Wright Tremaine LLP on 4/16/2013

The U.S. District Court in San Jose recently found that the Bureau of Land Management (BLM) failed to adequately review the environmental impacts of fracking on four oil and gas leases it recently auctioned off in the...more

EPA Revises Guidance On Bona Fide Prospective Purchaser Protection For Tenants Under Federal Superfund Law

by Lucas Narducci | Polsinelli on 1/5/2013

On December 5, 2012, the United States Environmental Protection Agency (EPA) revised its enforcement guidance regarding when tenants may be treated as bona fide prospective purchasers (BFPPs). The revised guidance addresses...more

California Drops the Hammer on First Carbon Auction Despite New Lawsuit

by Peter Hsiao, Sue Landsittel, William Sloan, Michael Steel | Morrison & Foerster LLP on 11/15/2012

The California Air Resources Board (CARB) proceeded today with the inaugural carbon allowance auction for its impending “cap-and-trade” greenhouse gas (GHG) emissions regulation program, despite a lawsuit filed yesterday by...more

Chamber Challenges Today’s GHG Emissions Auction in California

by Allison Davis | Davis Wright Tremaine LLP on 11/15/2012

California’s largest business lobby filed a lawsuit yesterday seeking to invalidate California’s first greenhouse gas (GHG) emissions allowance auction scheduled for today....more

CARB Sued on Cap and Trade Revenues on Eve of First Auction

by Jon Costantino, Marc D. Luesebrink | Manatt, Phelps & Phillips, LLP on 11/14/2012

It has been rumored for weeks that a Cap and Trade lawsuit was imminent. The questions were: who would file the lawsuit, when, and on what grounds? Those questions were answered, at least in part, today. The case is...more

Drillers Hose Texas Landowners with Fast & Dirty Fracking

by Lawyers.com on 10/15/2012

Hydraulic fracturing, or “fracking,” – a method of oil and gas extraction – was already controversial because of charges that the process is harmful to the environment. Now it’s being used to rip off landowners who refuse to...more

State of California v. Continental Insurance Company, et al.

by Low, Ball & Lynch on 10/12/2012

Insurance Coverage – Stacking of Policy Limits on Progressive & Continuous Loss - California Supreme Court (August 9, 2012) In this decision, the California Supreme Court has ruled for the first time that in a...more

Settling Water-Based Superfund Liabilities -- A Toxic Brew

by Foley Hoag LLP - Environmental Law on 10/11/2012

In a poignant moment in Godfather III, Al Pacino’s character says: “Just when I thought I was out… they pull me back in”. EPA's recent eye-popping announcement of a $366 million encore settlement by AVX with respect to the...more

7th Circuit Addresses the Nature and Purpose of the Pollution Exclusion

by Traub Lieberman Straus & Shrewsberry LLP on 3/14/2012

Scottsdale Indem. Co. v. Village of Crestwood, 2012 U.S. App. LEXIS 5069 (7th Cir. Mar. 12, 2012), the United States Court of Appeals for the Seventh Circuit, applying Illinois law, had occasion to consider the nature and...more

The Lion Has Roared: Proposition 65 Settlements and the Attorney General

by Buchalter Nemer on 12/9/2011

California’s Proposition 65 permits “private enforcers” to send Notices of Violation and bring lawsuits on behalf of the “public interest” where they purport to find trace amounts of banned chemicals at elevated levels in...more

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

by Lane Powell PC - Commercial Litigation on 4/13/2011

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

Delaware Chancery Court Rejects Unsupported Fraudulent Inducement Defense

by Katten Muchin Rosenman LLP on 3/15/2011

The Delaware Chancery Court rejected a defendant's fraud in the inducement defense where, at the summary judgment stage, the defendant (a) failed to come forward with specific facts showing that the counterparty knowingly...more

NJDEP Steps Up Efforts to Collect Natural Resource Damages in New Jersey

by Cole Schotz on 1/18/2010

In the past couple of years, the New Jersey Department of Environmental Protection (“NJDEP”) filed more than 100 lawsuits against companies seeking compensation for restoration of damages to natural resources caused by the...more

Insurance/Reinsurance and Litigation Alert: California Supreme Court Holds That Escape of Pollutants - Not Deposit - is the...

by Mintz Levin on 3/13/2009

In an important decision further clarifying the application of the “sudden and accidental” pollution exclusion and the absolute pollution exclusion as it applies to pollution of a “watercourse or body of water,” the...more

Environmental Advisory: Massachusetts Supreme Judicial Court Holds Parent Corporation Not Liable under Massachusetts Superfund Law...

by Mintz Levin - Corporate & Securities on 3/25/2008

The Massachusetts Supreme Judicial Court (SJC) has held that a parent corporation is not liable under M.G.L. c. 21E, the Massachusetts Superfund law, for the liability of a subsidiary that the parent did not own or control at...more

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Environmental Law › Civil Remedies › Commercial Law & Contracts