Environmental Personal Injury Administrative Agency

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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

Ninth Circuit Affirms District Court in Kivalina Climate-Change Case

On Friday, September 21, 2012, the Ninth Circuit Court of Appeals issued an important opinion in the developing area of climate-change litigation, affirming the dismissal of a lawsuit that threatened the energy sector with...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

McAfee & Taft RegLINC - September 2011: RCRA notice requirements By Chris A. Paul

If a notice pursuant to the Resource Conservation and Recovery Act asserts that there is an ongoing release of pollutants, then it is unnecessary for a plaintiff to specify the date on which the violations occurred. That was...more

Carbon Dioxide Emissions Not Subject to Federal Common Law Nuisance Claims

In the battle over climate change, the Supreme Court once again set an important precedent in American Electric Power Co., Inc. v. Connecticut (“American Electric Power”). In an 8-0 decision written by Justice Ginsburg...more

McAfee & Taft RegLINC - July 2011

INSIDE THIS ISSUE 1 Senate committee reauthorizes pipeline safety programs 2 Report on carcinogens lists Styrene as “reasonably anticipated to be human carcinogen” 2 National Transportation Safety Board finds...more

Medicare Pilot Program for Montana Asbestos Victims

In 2009, the Environmental Protection Agency declared a public health emergency arising from the long term asbestos exposure of Libby, Montana residents. The exposure occurred due to the operation of a vermiculite mine in...more

Supreme Court Decides Global Warming Case

In the third of our trilogy this week, let's take a look at the Supreme Court's decision in American Electric Power Co. v. Connecticut, No. 10-174 (U.S. 6/20/11). Readers may recall from our previous posts that in 2004,...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

Can I Sue My Neighbor Under Nuisance Law for Contributing to Climate Change?

The Supreme Court’s AEP vs. Connecticut: A Case of “What Will Kennedy Decide”? Yet again, climate law watchers – those who want greenhouse gas (“GHG”) emissions further reduced, as well as those who would be most affected...more

U.S. Supreme Court Takes Another Run At Climate Change

Tuesday, April 19, will be a watershed day for climate change litigation as the U.S. Supreme Court hears oral argument in American Electric Power v. Connecticut. At stake is whether states and private parties should be...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

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