Read Toxic Torts news, alerts, and legal commentary from leading lawyers and law firms:
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Prosecuting Environmental and Toxic Torts
Is Fracking Safe?
Remedy decisions are almost always won or lost at the agency level. Once the ROD issues, a PRP’s chance of having the selected remedy overturned in court is slim to none – a point that was driven home in a recent decision in...more
Any company handling hazardous substances in New Jersey must be aware that while the state was recently unsuccessful in expanding liability for damages under the Spill Act, the Supreme Court clarified what constitutes a...more
Recently, Solutia Inc. and Pharmacia Corporation filed a petition for writ of certiorari with the U.S. Supreme Court seeking to overturn the Eleventh Circuit’s ruling that a Potentially Responsible Party (“PRP”) conducting a...more
On July 6, 2012, the New Jersey Appellate Division, in the case of Des Champs Laboratories, Inc. v. NJDEP, invalidated the NJDEP’s regulation requiring an owner or operator of an industrial establishment to certify that their...more
California Supreme Court justices heard arguments recently in a novel case that could significantly impact the amount insurers must pay to clean up toxic waste....more
The Lower Fox River Superfund site continues to pump out decisions on key CERCLA issues. Most recently, the federal court in Wisconsin in US v. NCR Corp. took on the issue of divisibility of harm in granting a preliminary...more
Owners of land on which petroleum underground storage tanks are located are responsible for the cleanup of gasoline released (In re Huntington and Kildare Inc. v. Grannis, N. Y. App. Div., No. 512100, 11/3/11). Huntington and...more
BP accused Halliburton of destroying evidence that could be important in the litigation over responsibility for the Deepwater Horizon oil spill (In re: Oil Spill, E.D. La., No. 2:10-md-2179, 12/5/11). BP questioned whether a...more
The New Jersey Appellate Division sides with Essex Chemical Corporation, a subsidiary of DOW Chemical, in a suit filed by the NJDEP in its effort to obtain both restoration and compensatory natural resource damages (“NRDs”)...more
In October, the Maryland Court of Appeals issued a very disappointing ruling in the lead paint case of Jackson v. Dackman Co., which nullified a long-standing Maryland statute that granted qualified immunity from lead paint...more
New blog entry on Seventh Circuit opinion allowing claims splitting in Downers Grove, Illinois environmental case.
This article was written by Dave Scriven-Young, an attorney with Peckar & Abramson, PC, and was originally...more