Environmental Law, Toxic Torts

Do Liability Policies, Particularly Pollution Liability Insurance Policies, Exclude Coverage for All Injunctions? The Fifth...

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 5/22/2013

The Fifth Circuit handed down an important decision last week, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of coverage under a Premises Pollution Liability Insurance Policy. The...more

Why Trial Courts Are Reluctant To Exclude Scientific Evidence in Toxic Tort Cases

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 5/21/2013

Environmental litigation, particularly toxic tort litigation, inevitably turns on scientific evidence about causation. Beginning with the Supreme Court’s Daubert decision in 1993, trial courts have repeatedly been admonished...more

Defense Cost Analysis in Complex Environmental Fee Claims

by David J. McMahon | Barger & Wolen on 5/21/2013

Introduction - Many of our litigation management audits involve complex environmental cleanup cases. In these cases, it is important to first evaluate the underlying matter, including the fact patterns of the various...more

Arkansas Oil Spill Not Deadly, Yet

by Yaeger, Jungbauer, & Barczak on 5/20/2013

Long-term effects of oil spills remain uncertain, with studies working to provide some answers to the exact health hazards such toxic accidents cause. The recent ExxonMobil Pegasus pipeline spill in Arkansas may provide more...more

California Governor Proposes Reforms to Proposition 65, Seeks To Prevent Abuse of Statute by "Unscrupulous Lawyers"

by Nancy Sher Cohen, Shawn Ledingham, Jr, Gail Port | Proskauer Rose LLP on 5/14/2013

California Governor Edmund Brown has added his voice to a number of California legislators calling for an overhaul of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 – better known as Proposition 65 (the...more

Superfund Liability for the Repair of a Useful Product

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 5/14/2013

A few months ago, I blogged on the decision in Duke Energy Progress Inc. v. Alcan Aluminum Corporation where a court held that a company would not be held liable for selling used transformers to a recycling facility for...more

Vapor Intrusion Developments

by Martin Booher, Maureen Brennan | BakerHostetler on 5/13/2013

Potential buyers and sellers take note — on April 16, 2013, the U.S. Environmental Protection Agency (U.S. EPA) issued draft guidance that would require more evaluation of "vapor intrusion" (migration of any hazardous vapors...more

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Paul Morassutti, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/13/2013

In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of...more

Ashley II Holdings Require Caution

by Larry Burke | Davis Wright Tremaine LLP on 5/13/2013

On April 4, 2013, the Fourth Circuit Court of Appeals issued a much anticipated decision in PCS Nitrogen, Inc. v. Ashley II of Charleston LLC, No. 11-1662 (4th Cir. April 4, 2013) (Ashley II). ...more

Senate Bill 814 Proposes Sweeping and Retroactive Changes to Environmental Claims Handling in Oregon

by Molly Eckman | Cozen O'Connor on 5/8/2013

On March 13, 2013, the Oregon legislature introduced Senate Bill 814 to create sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of contaminated...more

Mistakes Have Consequences – British Petroleum’s Settlement

by Cleve Clinton | Looper Reed & McGraw, P.C. on 4/30/2013

Three years ago, Tilting told tales of oil spill legal problems suffered by Forrest Gump, Bubba Gump Shrimp Company, Wok Ann chu-gumm Seafood Restaurants, Chef Red Fishy and Bishop Carp. Tilting predicted class action...more

BP Unable To Block Oil Spill Claim Payments

by John Schifino | Burr & Forman on 4/29/2013

On March 15, 2013, BP asked United States District Court Judge Carl Barbier, Jr. to block the Deepwater Horizon claims administrator from awarding “business economic losses” that BP contends are “fictitious” claims for...more

Missouri To Pilot Reforms To Corrective Action Clean-Up Program

by Adam Troutwine | Polsinelli on 4/29/2013

Businesses involved in clean-up of environmentally contaminated sites often face a time-consuming and expensive process. The Missouri Department of Natural Resources and the Environmental Protection Agency will pilot reforms...more

What Response Costs Are Necessary Under CERCLA

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 4/24/2013

In a post last year, I discussed what I I thought was the dubious dismissal of a CERCLA cost recovery action in Stratford Holding, LLC v. Fog Cap Retail Investors LLC. ...more

EPA Issues Long-Awaited Vapor Intrusion Guidance for Public Comment

by John Gregory | Farella Braun + Martel LLP on 4/23/2013

More than ten years after issuing draft guidance regarding the increasingly significant subject of vapor intrusion (VI), the U.S. Environmental Protection Agency (EPA) has just released for public comment drafts of two...more

Abolishment of Limitation Periods for Contaminated Sites in BC Put on Hold

by Wally Braul, Laura Gill, Michael Theroux | Bennett Jones LLP on 4/23/2013

In 2012, the government of B.C. passed legislation that would eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

Insurance Recovery Law -- Apr 18, 2013

by Manatt, Phelps & Phillips, LLP on 4/19/2013

Ninth Circuit Narrows Insurers' Options in Pursuing Subrogation Claims Under CERCLA - Why it matters: The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties...more

Fourth Circuit Restricts “Bona Fide Prospective Purchaser” Defense

by William Cleveland, IV, Perrin Dargan, III, David Franchina | K&L Gates LLP on 4/19/2013

On April 4, 2013, the Fourth Circuit issued a ruling in PCS Nitrogen Inc. v. Ashley II of Charleston that, among other things, may limit the availability of the “bona fide prospective purchaser” (“BFPP”) defense that Congress...more

BP Exec Defends Safety Record in Combative Trial Testimony

by Josh Crank | Lawyers.com on 4/12/2013

An executive with oil giant BP steadfastly defended the company’s commitment to safety while testifying today in the civil trial over the Deepwater Horizon explosion and oil spill. BP’s Neil Shaw delivered testimony that grew...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

The BP Oil Trial Continues

by Viles & Beckman, LLC on 4/10/2013

The trial continues between BP Oil and its business partners and vendors, culprits in the 2010 Deepwater Horizon blowout in the Gulf of Mexico that resulted in the most catastrophic offshore oil spill in our nation’s history....more

Exec Insists Safety Came First Before BP Oil Spill

by Josh Crank | Lawyers.com on 4/10/2013

An executive for oil giant BP testified today that he personally worked to improve the company’s safety culture in the years leading up to the Deepwater Horizon oil rig explosion that killed 11 workers and dumped millions of...more

BP’s First Defense Witness Gives Contradictory Testimony

by Josh Crank | Lawyers.com on 4/9/2013

Oil giant BP launched its defense today in the civil trial over the 2010 Deepwater Horizon oil spill, calling to the stand an offshore drilling expert who testified that BP adhered to industry standards throughout the...more

PCS Nitrogen Inc. v. Ashley II of Charleston: Required Reading for Superfund Lawyers

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 4/9/2013

The Fourth Circuit handed down a primer on CERCLA liability last week in PCS Nitrogen Inc. v. Ashley II of Charleston. It should be required reading for Superfund lawyers. The facts in the case are worthy of a law school law...more

EPA Clarifies "Innocent Tenant" Liability Under CERCLA

by Emily Lamond, Robert Lawrence | Orrick, Herrington & Sutcliffe LLP on 4/8/2013

Recent EPA guidance imposes new environmental due diligence and compliance requirements on prospective commercial and industrial tenants. The guidance purports to clarify an exemption from liability, but actually confirms...more

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Environmental Law › Toxic Torts