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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
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
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
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 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Type of lawsuit you do not see everyday.
Complaint against Natural Gas Co., Engineering Co and Engineer for Negligent Surveying of Gas Well and Access Road causing vehicle accident.
The Defendants place a surveying...more
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