Read Toxic Torts news, alerts, and legal commentary from leading lawyers and law firms:
Prosecuting Environmental and Toxic Torts
Is Fracking Safe?
In a closely watched Superfund case decided April 4, 2013, the Fourth Circuit Court of Appeals interpreted the scope of landowner liability protections Congress put in place in 2002 to "promote the cleanup and reuse of...more
Tenants who lease currently or formerly contaminated property can now benefit from protections from cleanup liability that were once available only to purchasers of such property. EPA announced its new policy in a December...more
Good News: Brownfield Tenants Gain CERCLA Liability Protection -
In December 2012, an Environmental Protection Agency (EPA) Guidance Memo set out a new EPA enforcement policy. In sum, on a discretionary basis, the EPA...more
As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more
The National Research Council, an arm of the National Academy of Sciences (NAS), today released a report, “Alternatives for Managing the Nation’s Complex Contaminated Groundwater Sites” (available from the National Academies...more
Site owners who conduct environmental investigations of potential releases of hazardous substances in the expectation that they will be able to recover their costs from the party whose operations gave rise to that threatened...more
The 7th Circuit Court of Appeals recently affirmed the district court's exclusion of expert evidence regarding valuation of property.
In the recent case, Rockies Express Pipeline, LLC v. Burtle, No. 11-1219, 2012 WL...more
Environmental contamination disputes often drag on for many years and sometimes for decades, often resulting in repeated, costly and inconclusive field investigations and sampling. Particularly for large NPL sites under long...more
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
This is an interesting article by Shawn Collins detailing the five things you should do if your neighborhood is, or may be, polluted. These typically arise in water or groundwater contamination cases, with chemicals or...more
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