Meet Your Deadlines: West Virginia AST Act Challenges
The Water Values Podcast: Rolling Out AMI in San Francisco with Alison Kastama and Heather Pohl (Part 1)
What Are the Important Issues for Investor-Owned Water Utilities?
Winning Formula for Construction Litigation – Lessons Learned from a Recent Trial Win
The Water Values Podcast - How Can We Resolve Water Conflicts?
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The Water Values Podcast: Water as a Business Risk. And Opportunity. With Will Sarni
The Water Values Podcast - The Economics of Water with David Zetland, Ph.D.
Senate Bill 375 and Susatainable Communities Strategies
Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products
Law Prof: The Clean Air Act Needs a Reboot
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
BB&K's Charity Schiller Discusses CEQA Baseline
FCC Proposes New Rules On Local Wireless Siting
Mining: New challenges and opportunities
The Koontz Decision: Limits Conditions a Government can Impose on Developers
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
Hot Topics for Waste-to-Energy Investors and Developers
Which environmental regs may impact your development projects?
Prosecuting Environmental and Toxic Torts
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
Oregon’s 10-year statute of repose may now play a bigger role in environmental lawsuits in the wake of the U.S. Supreme Court’s ruling that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),...more
It was no surprise that the Second Circuit in In re September 11 Ligitation recently affirmed the lower court’s ruling that contamination caused by the 9/11 attacks was within CERCLA’s “Act of War” defense. Although CERCLA...more
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
On Thursday, January 9, 2014, a major chemical spill into West Virginia’s Elk Rivet cut off water to more than 300,000 people in the Kanawha Valley and surrounding nine counties. The chemical leak was from a facility owned by...more
Significant oil and gas exploration and development has occurred and continues to occur in South Texas. Whenever an injury, death, or environmental damage results from these operations, a defendant energy company have often...more
A Lone Pine order is a case management tool often utilized by courts in complex multi-party toxic tort cases to organize plaintiffs’ claims and to focus the parties on key issues early in the litigation. A Lone Pine order...more
In an opinion filed on Tuesday, August 20, 2013, the U.S. Court of Appeals for the 3rd Circuit held that the federal Clean Air Act (CAA) does not preempt common law tort claims grounded in state law and brought against a...more
The old warning that “past performance is no guarantee of future results” apparently applies not only to investments but also to environmental nuisance suits in Tennessee. ...more
In an Independence Day gift to plaintiffs, the Colorado Court of Appeals ruled in Strudley v. Antero Resources Corp., No. 12CA1251 (July 3, 2013), that Colorado law does not allow pre-discovery Lone Pine orders, often used by...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
On September 21, 2012, the Ninth Circuit Court of Appeals affirmed the dismissal of a lawsuit filed by the Alaskan village of Kivalina against 23 energy companies. Native Village of Kivalina v. ExxonMobil Corp., 2012 WL...more
On Wednesday, September 26, 2012, the New Jersey Supreme Court issued its much-anticipated decision in NJDEP, et al. v. Ofra Dimant, et al. interpreting New Jersey's environmental cleanup statute, the Spill Compensation and...more
Policyholders asserting claims against an insurer for damages arising from a fire, environmental contamination or other causes need to pay close attention to the “fine print” contained in their policy. Assigning a claim...more
Interview with Beau James Brock published in the Baton Rouge Bar Association's Around the Bar periodical in April 2012....more
In a 3-0 decision, the Ontario Court of Appeal has reversed a $36 million trial award to members of an environmental class action. Thousands of Port Colborne, Ontario’s residents had sued Inco for property devaluation caused...more
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
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
The Sixth Circuit last week upheld the dismissal of a plaintiff''s claim that benzene exposure caused her cancer. Pluck v. BP Oil Pipeline Co., No. 09-4572 (6th Cir., 5/12/11). The central issue was the exclusion of...more
While the Panamanian vessel M/V Double Prosperity that has run aground the coral reefs off the coast of Kiamba town, in Sarangani Province recently may seem like a harmless incident with the Philippine Coast Guard already...more
The American College of Occupational and Environmental Medicine (ACOEM) has recently published an updated paper on the health effects of mold exposure in an indoor environment. This article summarizes the key points that all...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
Environmental and toxic exposure cases are almost always brought as class action lawsuits. These cases are essentially personal injury lawsuits involving exposure to an environmental hazard. Unlike other personal injury cases...more
Article on Illinois Appellate Court opinion ruling that employers owe the immediate families of their employees a duty to protect against take-home asbestos exposure.
This article was written by Dave Scriven-Young, an...more
Read the background on the disease, nephrogenic systemic fibrosis, gadolinium-based contrast agents and the renally impaired and the enormous litigation swell that has surfaced as a result. ...more
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