Environmental Law, Civil Remedies, Personal Injury

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/7/2013

In Wiggins v. WPD Canada Corporation, the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective (not yet approved) wind turbine project,...more

Judge Approves Deepwater Horizon Health Settlement

by Viles & Beckman, LLC on 4/12/2013

When BP spilled an unprecedented amount of oil into the Gulf of Mexico in 2010, the devastation that followed went far beyond the environmental and economic damages that were the focus of initial reports. A health settlement,...more

Sea Monsters Two Years After Deepwater Horizon Oil Spill

by Perry Draper Law on 3/27/2013

These aren’t just old fishermen’s tales. More than two years after the Deepwater Horizon oil spill, local Gulf Coast fishers are seeing eyeless fish and shrimp, festering sores and tumors on catches and other mutations in...more

Businesses Most Affected by the Deepwater Horizon Oil Spill

by Perry Draper Law on 3/20/2013

So far, more than $9.5 billion has been paid out to compensate Gulf Coast residents and businesses for the losses suffered from the April 2010 Deepwater Horizon oil spill. With the claims process reopened and a new settlement...more

BP Settlement Claim

by Robert Ciotti, Wm. Cary Wright | Carlton Fields on 3/20/2013

After years of litigation, BP Exploration & Production, Inc. and BP America Production Company (collectively, "BP") entered a class-wide settlement ("BP Settlement") that covers most businesses located in the Gulf Coast...more

Indirect Costs of Deepwater Horizon Oil Spill May Be Reimbursed

by Perry Draper Law on 3/7/2013

Lost business, lost profits — these are easily the most recognizable losses eligible for compensation from the BP settlement funds. However, under a new claims administrator and a new claims process, there are additional...more

Western Pa.'s Take On Carbon Dioxide Liability Claims

by J. Wylie Donald | McCarter & English, LLP on 12/20/2012

Originally published in Law360 on December 17, 2012. Left open by the U.S. Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance...more

Last Federal Climate Change Case Dismissed by Ninth Circuit

by Matt Bingham | Lewis and Roca LLP on 9/28/2012

Last Friday, the Ninth Circuit dismissed the last climate change lawsuit still pending in the federal courts to the best of my knowledge. Native Village of Kivalina v. ExxonMobil Corp. was a lawsuit by a small Alaskan village...more

Ninth Circuit Displaces Kivalina v. ExxonMobil Climate Change Liability Case

by McCarter & English: Climate Change &... on 9/24/2012

In litigation concerning liability for the emission of greenhouse gases, the federal common law of nuisance is displaced by the Clean Air Act. This is not news. It was established by the Supreme Court over a year ago in...more

Mississippi Federal Court Sacks Climate Change Lawsuit for a Second Time

by Sedgwick LLP on 4/13/2012

The U.S. District Court for the Southern District of Mississippi once again dismissed claims that the oil and coal industries are liable for property damaged by Hurricane Katrina, finding both that the plaintiffs failed to...more

Residents Allege Radioactive Waste in River Caused Cancer

by Lawyers.com on 3/14/2012

Were it not for the nearby rivers, St. Louis probably wouldn’t be the major metropolitan area that it is today. The Mississippi River flows past the city to the east, the Missouri-Mississippi confluence is to the north, the...more

Ecuador Court Rejects International Arbitral Interim Award in Chevron Matter

by Cadwalader, Wickersham & Taft LLP on 2/29/2012

In the environmental litigation pending against Chevron in Ecuador, the Court has issued a ruling showing respect but no deference to the international arbitral interim injunction issued against Ecuador on Jan. 25,...more

Judge Awards $1.7 Million in EPA Malicious Prosecution Case

by Jeff Ifrah on 10/12/2011

On September 30, 2011, the U.S. District Court for the Western District of Louisiana ordered the United States to pay $1.7 million in a malicious prosecution lawsuit to Hubert Vidrine, based on findings that the U.S....more

Texas Supreme Court Rules That anInjection Permit Does Not Preclude a Subsurface Trespass Claim

by Jackson Walker on 9/2/2011

Introduction On August 26, 2011, the Texas Supreme Court reversed and remanded a decision by the 9th Court of Appeals that determined that holders of underground injection well permits issued by the Texas Commission on...more

Agribusiness Alert: Minnesota Court of Appeals Allows Trespass Claim for Pesticide Drift

by Nancy Quattlebaum Burke, Jeffrey Peterson | Gray Plant Mooty on 8/3/2011

Pesticide overspray drift to a neighboring property in Minnesota may now qualify as a trespass, thanks to the Minnesota Court of Appeals’ recent decision in Johnson, et al., v. Paynesville Farmers Union Cooperative Oil Co.,...more

Supreme Court Issues Decision in: American Electric Power Co. v. Connecticut - Clean Air Act Displaces Federal Common Law Claims...

by King & Spalding on 6/21/2011

Today, the Supreme Court issued a decision rejecting an attempt to hold private companies liable in tort for greenhouse gas emissions alleged to contribute to global climate change. In an 8-0 decision, the Court held that...more