Environmental Toxic Torts

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One Step Closer… Fifth Circuit Affirms BP Loss on CWA Liability Regarding Gulf Spill

The Deepwater Horizon spill in the Gulf of Mexico occurred over four years ago, accompanied by numerous stories trumpeting the fact that BP would likely pay as much as $25 billion to the United States in civil penalties...more

Mainebiz Real Estate Insider – ABC 123: DEP Says You’re A PRP – How to avoid becoming an environmental acronym casualty

In Maine, anyone who has owned or operated an uncontrolled hazardous substance site from the time a hazardous substance was first deposited up to the present is considered by the Maine DEP to be a potentially responsible...more

Supreme Court Ruling Resolves Conflict on State Statutes of Repose

US Supreme Court rules CERCLA Section 309 does not preempt state statutes of repose. Federal causes of action remain unaffected. Last week, in a 7-2 decision, the US Supreme Court ruled in CTS Corp. v. Waldburger that...more

EPA Proposes Change to Environmental Due Diligence Rule For Property Transactions

For the second time in a year, the U.S. Environmental Protection Agency (EPA) proposed to amend the “all appropriate inquiry” rule under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). ...more

EPA Proposes to Delete Reference to Superseded 2005 ASTM Standard from “All Appropriate Inquiry” Rule

On June 17, 2014, the United States Environmental Protection Agency published a proposal to delete reference to the 2005 version of the ASTM Phase I environmental site assessment standard from the federal “all appropriate...more

EPA Issues Proposed Rule to Remove Reference to ASTM E1527-05 in All Appropriate Inquiries Rule

On June 17, 2014, the U.S. Environmental Protection Agency published a proposed rule to amend the standards and practices for complying with the “All Appropriate Inquiries” rule under the Comprehensive Environmental Response,...more

EPA Proposes to Amend All Appropriate Inquiries Rule to Remove References to 2005 ASTM Standard for Phase 1 Assessments

Yesterday, the EPA published for comment notice of its intent to amend the “All Appropriate Inquiries Rule,” 40 CFR part 312, to remove references to ASTM E1527-05 “Standard Practice for Environmental Site Assessments: Phase...more

EPA Proposes Elimination of ASTM Phase I ESA Standard E1527-05 from CERCLA All Appropriate Inquiries Rule

The EPA has announced a proposal to amend the “All Appropriate Inquiries Rule” for conducting environmental site investigations of potentially contaminated property. The proposed amendment will eliminate ASTM E1527-05...more

United States Supreme Court Holds that CERCLA Allows State Statutes of Repose to Limit Plaintiffs’ Injury Claims

This week, the United States Supreme Court issued a ruling of interest to any Potentially Responsible Party regarding the effect of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) on state...more

Washington Court of Appeals Holds No Duty to Defend: An Invitation to Initiate Cleanup Is Not A Suit

On June 2, 2014, the Washington State Court of Appeals issued a published opinion regarding what constitutes a “suit” in the context of environmental liability claims under the Model Toxics Control Act (MTCA). The court held...more

Do Statutes of Repose Under CERCLA Really Require Supreme Court Review

Even Superfund lawyers are likely to find the Supreme Court’s decision yesterday in CTS Corporation v. Waldburger to be of limited interest. Unable to reach an agreement about a federal “toxic tort” cause of action, Congress...more

California Environmental Law and Policy Update - June 2014

Environmental and Policy Focus: California is ahead of EPA on climate rules - Los Angeles Times - Jun 5: In 2006, when California adopted AB 32, its landmark global warming law, it acted virtually alone. Now, the state...more

Washington Court Rules Insurer’s Duty to Defend Environmental Liability is Triggered by Agency’s Explicit or Implicit Threat of...

A party faced with strict liability under the Washington Model Toxics Control Act (MTCA) for the costs of cleaning up environmental contamination often has insurance that might apply, but a lingering question has been at what...more

Leach Oil and Mouren-Laurens Oil Sites Add 1,300 New PRPs to Litigation

The Leach Oil Site and the Mouren-Laurens Oil Site are located adjacent to each other in Compton, California. These sites have been the subject of litigation between the current and former owners and operators for almost 15...more

CERCLA’s Statutory Liability Defenses — How Strict Is CERCLA Liability?

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

Federal Court Rejects Homeowners’ Expert’s Valuation of Alleged Diminution in Value Due to Environmental Contamination

In a recent environmental contamination case, a New Jersey federal judge rejected an expert valuation of alleged diminution in value on Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) grounds. In Leese, et al. v....more

Chemical Purchasers May Be Operators and Liable for Releases That Occur During Shipment

Any company that purchases chemical products should be aware that it could potentially be liable for releases that occur during the shipment of the purchased products. In a recent New York District Count case, Kemira Water...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

Oil and Water – How the Galveston Oil Spill Proved The Two Don’t Mix

The Galveston Bay oil spill occurred, coincidentally, on the 25th anniversary of Exxon Valdez oil spill in Prince William Sound, Alaska. The Exxon Valdez oil spill is now considered to be one of the worst environmental...more

California Environmental Law and Policy Update

Environmental and Policy Focus -- Court of Appeals upholds determination: Reuters - Mar 14 - The U.S. Ninth Circuit Court of Appeals yesterday rejected a challenge to a determination by the U.S. Fish & Wildlife Service...more

West Virginia Legislature Passes Comprehensive Aboveground Storage Tank Bill and Amends Public Water Supply Laws

On March 8, 2014, the West Virginia Legislature passed a comprehensive bill, primarily in response to the Jan. 9, 2014 leak of fluid containing 4- Methylcyclohexane Methanol (MCHM) from an aboveground storage tank into the...more

Environmental and Energy: New York State Department of Environmental Conservation Issues Draft Environmental Monitoring Services...

On Wednesday, February 12, 2014, the New York State Department of Environmental Conservation (DEC) issued a draft Commissioner Policy on Environmental Monitoring Services (the Policy). The proposed Policy updates DEC’s...more

Proposed Regulation of Hazardous Waste in Retail Sector

The Environmental Protection Agency has released a Notice of Data Availability (NODA) in order “to collect information towards improving hazardous waste requirements for the retail sector.” Retailer hazardous waste violations...more

D.C. Circuit Dismisses Most Industry Challenges to EPA’s Utility NSPS as Premature, Upholds EPA on Opacity Monitoring and...

In a unanimous decision issued on March 11, 2014, the United States Court of Appeals for the District of Columbia Circuit rejected, on procedural and substantive grounds, a number of industry challenges to EPA’s new source...more

Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products

Once again, California is on the leading edge of environmental programs. An approaching April 1, 2014, deadline for publication of a “Priority Products List” under “Safer Consumer Products Regulations” that first went into...more

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