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Toxic Torts Civil Remedies Energy & Utilities

Read Toxic Torts news, alerts, and legal commentary from leading lawyers and law firms:

Oil Spill/Salt Water Disposal Facility: Illinois Attorney General Request for Preliminary Injunction

The Illinois Attorney General (“AG”) filed a Complaint and Motion for Preliminary Injunction against TrueFlo Solutions LLC (“TS”) in White County Circuit Court in Illinois in regards to an oil spill that allegedly...more

Take-Home Exposure and Stream of Commerce

by Low, Ball & Lynch on

Joseph Petitpas v. Ford Motor Company, et al. - Court of Appeal, Second Appellate District, 13 Cal.App.5th 261 (July 5, 2017) - Plaintiffs Marline and Joseph Petitpas sued Exxon Mobil Corporation, Ford Motor Company,...more

Dallas Court of Appeals Reverses $2.9 Million Jury Verdict, Finding Insufficient Evidence of Intent

In 2014, the jury awarded $2.9 million to plaintiff landowners in Lisa Parr et.al. v. Aruba Petroleum, Inc., a case involving alleged hydrocarbon exposure due to hydraulic fracturing operations. Earlier this week, the Dallas...more

County Counsel Teamwork: The Exide Story

by Best Best & Krieger LLP on

Justice: (1) the principle or ideal of just dealing or right action; (2) conformity to this principle or ideal The concept of environmental justice is straightforward, the pathway to practical solutions are often...more

Texas Court of Appeals Issues Important State Superfund Order

In a “case of first impression,” U.S. Court of Appeals for the Third Circuit,texascapitol sitting in Austin, in TCEQ v. Exxon Mobil Corporation, et al., issued an important decision interpreting the scope of the Texas Solid...more

Double Counting and Inflexibility Are Unreasonable in 4A Negotiations Says Mass. Appeals Court: Court Affirms Award of Attorneys’...

by Beveridge & Diamond PC on

Seeking 80 percent of remedial costs from each of two potentially responsible parties and “inflexibility” in pre-litigation negotiations are sufficiently unreasonable to trigger attorneys’ fees under the Massachusetts cleanup...more

Foes of the NJDEP $225 Million Settlement with Exxon Mobil Must File “Friend of the Court” Briefs Today

by Cole Schotz on

After denying their motions to intervene last week (see our coverage here), Judge Hogan issued a Scheduling Order that sets today as the deadline for the eight environmental organizations and State Senator Lesniak (D-Union)...more

New Jersey Supreme Court Rules Unanimously: There is No Statute of Limitations Defense to Contribution Actions Under the Spill Act

by K&L Gates LLP on

On January 26, 2015, the New Jersey Supreme Court unanimously ruled in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property does not apply to contribution claims...more

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

by Davis Wright Tremaine LLP on

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

California Environmental Law and Policy Update - June 2014

by Allen Matkins on

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

Texas Jury Awards $3 Million in Hydraulic Fracturing Lawsuit

by Baker Donelson on

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

Seventh Circuit Highlights Challenges To Class Certification In Environmental Litigation

by Burr & Forman on

Property owners in the town of Roxana, Illinois, a small village on the Mississippi River across from St. Louis, filed suit against Shell Oil Company and ConocoPhillips. The property owners alleged that a refinery owned by...more

Deepwater Horizon Settlement Fine-Tuned By Fifth Circuit

by Gray Reed & McGraw on

The Fifth Circuit has taken steps to fine-tune the interpretation and implementation of the agreement BP negotiated to settle its massive liabilities arising from the April 2010 oil spill following the explosion of the...more

Colorado Supreme Court Asked To Address Whether “Lone Pine” Orders Are Allowed in Toxic Tort Case Involving Hydraulic Fracturing

by BakerHostetler on

On August 29, 2013, Antero Resources asked the Colorado Supreme Court to review the Colorado Court of Appeal’s decision in Strudley v. Antero Resources Corp., a decision by the Colorado Court of Appeals that reversed a trial...more

New Jersey Court Denies Reimbursement for Defense Costs

by Cole Schotz on

In a recent unpublished opinion, a New Jersey Appellate Division court upheld the lower court’s dismissal of an insurance coverage action for environmental contamination. In Spartan Oil Company v. New Jersey...more

New Decisions -- Pleading Requirements for Complaints Alleging Contamination from Hydraulic Fracturing by H. Victor Thomas

by King & Spalding on

The development of natural gas wells using hydraulic fracturing technology—fracking — has grown exponentially and increased natural gas reserves to record levels. Hydraulic fracturing requires the discharge of significant...more

Defendants Win "Round One" of Climate Change Fight in United States Supreme Court

by Richard Faulk on

In American Electric Power Co. v. Connecticut (“AEP”), the United States Supreme Court held that federal common law public nuisance claims seeking injunctive relief against emitters of greenhouse gases...more

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