Toxic Torts Civil Remedies Administrative Agency

Read Toxic Torts news, alerts, and legal commentary from leading lawyers and law firms:
News & Analysis as of

CERCLA’s Confusion Between Section 107 and Section 113

Over a decade after the Supreme Court’s decision in Cooper Industries v. Aviall, the divide between CERCLA Section 107 cost recovery claims and Section 113 contribution claims remains unsettled. PRPs incurring response costs...more

Toxic Tort and Environmental Law Update: January 2013 - New Jersey Supreme Court Clarifies Requisite Nexus for Liability Under...

In New Jersey Dept. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme Court held that the New Jersey Department of Environmental Protection (NJDEP) must establish, by a preponderance of the...more

Winning the Superfund Remedy Fight in Court: Don’t Count On It

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

CERCLA and Original Sin -- Who Has to Pay For Other People's Contamination

In an environmental dispute between innocents involving a Church and a downgradient property owner, a federal court recently found the Church, although without original sin, was less innocent and should bear all the costs of...more

State of New Jersey Unsuccessful in Trying to Expand Environmental Liability

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

Western District of Pennsylvania Limits Party’s Ability to Recover Response Costs

The U.S. District Court for the Western District of Pennsylvania determined that a potentially responsible party conducting a site cleanup pursuant to both a state court order and an administrative settlement with a state...more

Apportionment in CERCLA -- No Bright Line Test

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

Essex Chemical Successfully Challenges NJDEP's Natural Resource Damage Suit

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

Post Aviall Settlement Jurisprudence -- Back to the Future

Over the first two decades of CERCLA, the rule gradually emerged that parties which settled their liability were restricted to contribution claims under Section 113(f)(1) and would be entitled to contribution protection under...more

Reactions to Lead Paint Ruling Beginning to Surface

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

Environmental Enforcement Actions: How Are Civil Penalties Calculated?

(Originally published at: http://illinoisenvironmentallaw.com/cleanup/enforcement-actions-how-are-civil-penalties-calculated/) I am often asked by owners and executives of manufacturers and other companies to calculate the...more

High court: WSDOT must pay for Foss cleanup

If there were any doubts about the potent weapon for recovery of environmental costs that the Model Toxics Control Act has become, those questions should be dispelled by a July 19 decision from Division Two of the Washington...more

Pay Now, Challenge Later: D.C. Circuit Court of Appeals Upholds Constitutionality of EPA Unilateral Administrative Orders in...

An important decision has upheld the government’s power to order private parties to take expensive cleanup actions with little ability to challenge the order until after completing the work. On June 29, 2010, the U.S. Court...more

13 Results
|
View per page
Page: of 1

Follow Toxic Torts Updates on:

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×