Toxic Torts, Commercial Real Estate, Civil Procedure

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Paul Morassutti, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/13/2013

In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of...more

Abolishment of Limitation Periods for Contaminated Sites in BC Put on Hold

by Wally Braul, Laura Gill, Michael Theroux | Bennett Jones LLP on 4/23/2013

In 2012, the government of B.C. passed legislation that would eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

Fourth Circuit Restricts “Bona Fide Prospective Purchaser” Defense

by William Cleveland, IV, Perrin Dargan, III, David Franchina | K&L Gates LLP on 4/19/2013

On April 4, 2013, the Fourth Circuit issued a ruling in PCS Nitrogen Inc. v. Ashley II of Charleston that, among other things, may limit the availability of the “bona fide prospective purchaser” (“BFPP”) defense that Congress...more

Ontario Court Rejects Damage Recovery in Contamination Claim, Adopting a Strict Analysis That May Hinder Future Claims

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 3/26/2013

In Midwest v. Thordarson (Midwest) 2013 ONSC 775, the Ontario Superior Court of Justice dismissed a property owner’s claim for damages for remediation costs stemming from the alleged migration of contaminants from a...more

In Alabama, Cost of Complying with a PRP letter Now Insured Under CGL Policies

by Revelle Gwyn, Elizabeth Hamrick, Katherine Henry, Sid Trant | Bradley Arant Boult Cummings LLP on 1/16/2013

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site, the Alabama Supreme Court has held that a PRP letter constitutes a “suit” under a comprehensive general...more

Toxic Tort and Environmental Law Update: January 2013 - Plaintiffs Bear the Burden of Establishing Causation by Competent Expert...

by Sean Patterson | Sedgwick LLP on 1/7/2013

Judge Susan Illston of the U.S. District Court for the Northern District of California recently ended 16 years of toxic tort litigation relating to fugitive hexavalent chromium (C6) exposure involving the City of Willits and...more

CERCLA Cost Recovery or Contribution Claim: Another Judicial Misstep

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 12/31/2012

The chaos unleashed by Aviall continues in a recent decision by the Seventh Circuit. In Bernstein v. Blankert, the Seventh Circuit revisited the issue whether a party having entered into an Administrative Order by Consent...more

Aviall's Continuing Impact on PRP Settlements in Superfund

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 11/20/2012

Over a decade after it was issued, Aviall continues to cause difficulties for private settling parties in CERCLA. In Lewis v. Russell, a federal district court recently considered whether a PRP which agreed to a cash payment...more

Appellate Court Upholds Statutory Due Diligence Requirement and Finds Ownership Status after Declaration of Taking

by Cole Schotz on 11/19/2012

Liability based on property ownership under New Jersey’s Spill Compensation and Control Act (“Spill Act”) and its impact on condemnation cost recovery suits were the subject of an interesting decision last month in New...more

Not An Oscar Winner: A Case About Indemnification

by Brooks Pierce on 10/16/2012

It's hard for me to think of a case I'd rather not write about than GR&S Atlantic Beach, LLC v. Hull, 2012 NCBC 52. It's not just that it's deathly boring or that it involves the interpretation of poorly written transaction...more

N.J. Supreme Court Decides Level of Causation Required to Seek Damages Under the Spill Act

by Duane Morris LLP on 10/15/2012

In a recent decision, the New Jersey Supreme Court held that in an action to obtain damages under the Spill Compensation and Control Act (Spill Act), the Department of Environmental Protection (DEP) must show a reasonable...more

Court Invalidates NJDEP Cleanup Rule For De Minimus Quantity Exemptions

by Cole Schotz on 7/13/2012

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

Is Knowledge an Element of CERCLA Liaiblity: The Lower Fox River Court Said So, But Did The Court Really Mean It?

by Foley Hoag LLP - Environmental Law on 7/12/2012

The course of the Lower Fox River Superfund litigation has been a continual set of surprises, and its denouement was true to that pattern. In his post-trial decision last week, Judge Griesbach wrote the sentence that most...more

McAfee & Taft RegLINC - April 2012: Storage tanks By Chris Paul

by McAfee & Taft on 4/18/2012

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

CERCLA's Easily Confused Statutes of Limitations

by Foley Hoag LLP - Environmental Law on 4/4/2012

Deciding statute of limitations issues in CERCLA cases is not always a straightforward matter as the recent 54 page opinion in American Premier Underwriters Inc. v. General Electric Company illustrates. There, a federal court...more

Settling Party Barred from Bringing a CERCLA Section 107(a) Claim

by Greenberg Glusker Fields Claman & Machtinger... on 3/9/2012

This week, in the case of Solutia, Inc. and Pharmacia Corp. v. McWane, Inc. (Solutia), the Eleventh Circuit held that a party that performs a cleanup in compliance with a consent decree has no right under the Comprehensive...more

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Toxic Torts › Commercial Real Estate › Civil Procedure