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Toxic Torts Zoning, Planning & Land Use

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U.S. District Court Finds EPA Erred in Approving Pesticides Known To Impact Endangered Species

by Nossaman LLP on

On May 8, 2017, the U.S. District Court for the Northern District of California granted, in part, a motion for summary judgment brought by plaintiffs in a suit challenging the U.S. Environmental Protection Agency’s (“EPA”)...more

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Finds “Threatened” Designation For Bearded Seals Proper Based On New Long-Term Projections - Alaska Oil and Gas Ass’n et al. v. Pritzker et al., 840 F.3d 671, 2016 U.S. App. LEXIS 19084 (9th Cir. 2016)....more

District of New Hampshire Denies Remand Under CAFA’s Local Controversy Exception

by Pierce Atwood LLP on

On November 30th, in Brown v. Saint-Gobain Performance Plastics Corp., United States District Judge Joseph Laplante of the District of New Hampshire denied plaintiffs’ motion to remand two related class action lawsuits based...more

California Environmental Law & Policy Update - July 2016 #5

by Allen Matkins on

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more

New Ninth Circuit Decision Precluding CERCLA Liability for Airborne Emissions

Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive...more

California Environmental Law & Policy Update - May 2016 #4

by Allen Matkins on

Environmental and Policy Focus - Proceeds from cap-and-trade auction fall far short of targets - Los Angeles Times - May 25 - The latest auction in California’s cap-and-trade market for greenhouse gases fell...more

Does Your Toxic Release Inventory Make You a Target for Enforcement?

by Beveridge & Diamond PC on

Summary: The U.S. Environmental Protection Agency’s Office of the Inspector General is examining the Agency’s usage of Toxic Release Inventory data to evaluate companies’ compliance with surface water discharge permitting...more

Pennsylvania Jury Awards $4.2 Million in Groundwater Contamination Case

by BakerHostetler on

On Thursday, a federal jury in Pennsylvania ordered Cabot Oil & Gas to pay more than $4.2 million in damages to two Pennsylvania families who sued in 2009 alleging that the Texas-based company’s drilling operations...more

Waste on land: a warning for landowners

by Dentons on

Fly-tipping continues to cause problems for businesses, governments and communities. Defra recently assessed the number of fly-tipping incidents during 2014-2015 at around 900,000 in England alone.1 It comes as a surprise to...more

New Application Process Takes Effect for New York Brownfield Cleanup Program, Additional Regulations Pending

by Beveridge & Diamond PC on

The New York State Department of Environmental Conservation (NYSDEC) has announced that as of July 1, 2015, the reformed New York State Brownfield Cleanup Program (BCP) became effective. NYSDEC transitioned to a new...more

EARL e-News: EPA Releases EJ Mapping and Screening Tool - Updates on Environmental, Administrative and Regulatory Law

by Nexsen Pruet, PLLC on

On June 10, 2015, EPA released EJScreen, an environmental justice (EJ) screening and mapping tool which replaced EJView, a previous publicly available EJ screening tool. EJScreen will provide EPA with a nationally consistent...more

EPA Releases Draft Assessment of Potential Hydraulic Fracturing Impacts on Drinking Water Resources

On June 4, 2015, the U.S. Environmental Protection Agency (EPA) released a draft of its highly anticipated study, Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources (the...more

California Environmental Law & Policy Update - May 2015 #4

by Allen Matkins on

Environmental and Policy Focus - Crews struggle to clean up oil spill near Santa Barbara: KQED - May 21: Crews will begin excavating the 24-inch pipeline that ruptured Tuesday, unleashing a flow of crude oil that has...more

Court at the Fox River Site Opens Door to Superfund Divisibility

by Davis Wright Tremaine LLP on

On May 19, a district court ruled that a company had established divisibility for its liability at a major downstream segment of the Fox River mega-site in Wisconsin, capping its liability for that segment at 28%. This same...more

Colorado Supreme Court Restricts Use of "Lone Pine" Discovery Orders

by Polsinelli on

On April 20, 2015, the Colorado Supreme Court released an important decision restricting the use of so-called "Lone Pine" orders. See Antero Resources Corp. v. Strudley. Lone Pine orders require plaintiffs in toxic tort cases...more

TSCA Reform: House Subcommittee Holds Markup of Revised Draft TSCA Bill and Passes Amended Draft

by Bergeson & Campbell, P.C. on

On May 14, 2015, the House Energy and Commerce Subcommittee on Environment and the Economy held a markup of a revised discussion draft of the TSCA Modernization Act of 2015, prepared by Subcommittee Chair John Shimkus (R-IL)...more

Lone Pine Loss: Supreme Court of Colorado Says State Rules Don’t Allow Use of Lone Pine Orders in Natural Gas Drilling Case

by K&L Gates LLP on

Earlier this week, the Supreme Court of Colorado issued its long-awaited decision in Antero Resources Corp. v. Strudley and held that the Colorado Rules of Civil Procedure do not allow a trial court to issue a modified case...more

Non-Settling CERCLA Defendants Beware: Ninth Circuit Provides Lower Courts with Discretion to Allocate Liability Using Equitable...

by Davis Wright Tremaine LLP on

There is a split of authority on how credits for settlements under the Comprehensive Response, Compensation and Liability Act (“CERCLA”) are allocated to non-settlors. Some courts have applied the proportionate share...more

Ninth Circuit Widens Judges’ Discretion to Allocate CERCLA Contribution Damages

by Morgan Lewis on

Trial court may select the method of accounting for prior settlement in allocating response costs among liable parties, but claims to recover settlement payments are limited to costs consistent with the National Contingency...more

Down in the Dumps: Court Refuses to Apply Pollution Exclusion in Landfill Seepage Case

by Carlton Fields on

Claims involving potential coverage for pollution liability pose unique challenges for insurers. In many cases, the polluting activity occurred decades ago and over a large span of time, with only a fraction of the activity...more

EU Court limits the scope of environmental liability for new owners of polluted land

by White & Case LLP on

The Court of Justice of the European Union (the “CJEU”) has shed light on the application of the “polluter pays” principle in the context of the EU’s Environmental Liability Directive. The judgment, handed down on 4 March...more

Proposed Assembly Bill 356 Would Require Additional Groundwater Monitoring by Oil & Gas Operators

by Stoel Rives LLP on

California Assemblymember Das Williams (D-Carpinteria) has introduced an oil and gas bill to ensure that the state comes into compliance with the Class II underground injection (“UIC”) requirements under the federal Safe...more

Missouri Federal Court Cuts Claims in Pipeline Property Damage Action

by Beveridge & Diamond PC on

Underscoring the need for plaintiffs to show concrete proof of harm in suits alleging property damage, a federal district court dismissed a suit alleging that an oil pipeline contaminated farmland in Missouri. See Henke v....more

Eleventh Circuit Reinstates Groundwater Contamination Case Dismissed on Lone Pine Order

by Beveridge & Diamond PC on

In a case that may provide some plaintiffs with protection from early Lone Pine orders, the Eleventh Circuit reversed a trial court’s dismissal of a groundwater contamination case for failure to sufficiently state claims...more

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