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Minnesota Federal Court Clarifies Pleading Standard in Vapor Contamination Case

In an opinion that may help clarify the jurisdictional and pleading requirements for plaintiffs seeking damages and injunctive relief for alleged injuries from vapor intrusion, the federal district court in Minnesota denied a...more

Texas High Court Finds Expert Opinion on Stigma Damages Too Speculative

Clarifying when expert testimony on alleged diminution in property value becomes legally sufficient to support a so-called “stigma” claim, the Texas Supreme Court struck down a $350,000 jury verdict based on environmental...more

Seventh Circuit Holds Federal Agencies Can Be Sued for Public Nuisance, But Affirms Dismissal of Claim

On July 14, 2014, the Seventh Circuit decided Michigan et al. v. U.S. Army Corps of Engineers et al. (Wood, C.J., writing for a unanimous panel). While the court ultimately affirmed dismissal of the underlying action, the...more

Texas Jury Awards $3 Million in Hydraulic Fracturing Lawsuit

A jury in Dallas County, Texas, awarded nearly $3 million on April 22, 2014, in a suit contending that Aruba Petroleum, Inc., as well as other operators and service providers, had caused “environmental contamination and...more

Texas High Court Set to Hear Appeal on Viability of Post-Cleanup Stigma Damages in Environmental Contamination Claim

In an issue of first impression in Texas, the state’s highest court will hear arguments in December 2013 in a case involving a party’s claim to recover stigma damages following the cleanup of environmental contamination to...more

BP Settlement Claim

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

Western Pa.'s Take On Carbon Dioxide Liability Claims

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

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

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

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

Ecuador Court Rejects International Arbitral Interim Award in Chevron Matter

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

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

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

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...

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

Public Trust Climate Change Lawsuit Strikes Out in Montana

The U.S. Supreme Court is expected to rule any day now on the climate change public nuisance case in AEP v. Connecticut, in the meantime the State Supreme Court of Montana has dealt a blow to a separate lawsuit that sought to...more

Superior Court's Injunction Preventing California's Cap and Trade Program Has Been Stayed...Right?

Until recently, Association of Irritated Residents v. California Air Resources Board proceeded along the litigation path as smoothly as any environmental challenge might. However, things took an unexpected twist last week...more

Coverage for Climate Change Claims, An Uphill Fight

On April 19, the U.S. Supreme Court, in the case of American Electric Power Co. Inc. v. Connecticut, No. 10-174, will hear oral argument on the question of whether states and private parties may maintain actions for nuisance...more

Delaware Chancery Court Rejects Unsupported Fraudulent Inducement Defense

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

Supreme Court To Decide Fate Of Global Warming Litigation In American Electric Power Co. v. Connecticut

On December 6, 2010, the Supreme Court granted certiorari in American Electric Power Co. v. Connecticut, a federal nuisance case on appeal from the Second Circuit. Plaintiffs -- eight states, the City of New York and three...more

Supreme Court Will Decide Fate of Climate Change Nuisance Lawsuits

The Decision The Supreme Court will decide whether a lawsuit alleging that certain power companies’ greenhouse gas (GHG) emissions constitute a public nuisance can proceed in the courts. The power companies hope that the...more

Future of Climate Change Tort Litigation in the Hands of U.S. Supreme Court

On Monday, December 6, 2010, the Supreme Court granted certiorari in American Electric Power v. Connecticut, a case examining whether the electric utility industry may be held accountable in court for its alleged...more

Regulation by Litigation: Fourth Circuit Weighs in on Nuisance Suits Involving Air Emissions

The Fourth Circuit Court of Appeals has become the latest federal appellate court to weigh in on the viability of public nuisance lawsuits to effectively regulate air emissions. In North Carolina v. Tennessee Valley...more

Trending Away from Medical Monitoring?

In conclusion, the law applicable to claims for medical monitoring has developed substantially since the first case of Friends For All Children. While the trend over time has been to recognize their availability through...more

Environmental Alert: The Second Circuit Reinstates Global Warming Federal Nuisance Claims against Utilities: Connecticut, et al....

On September 21, 2009, in a 140-page opinion, the Second Circuit Court of Appeals reversed the district court‘s dismissal of global warming federal nuisance claims brought by eight states, the City of New York, and various...more

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