Read Toxic Torts news, alerts, and legal commentary from leading lawyers and law firms:
Prosecuting Environmental and Toxic Torts
Is Fracking Safe?
The Writ petition is about the unrestricted commercial availability of many substances which are labelled as Group 1 (Class A) or Group 2A/2B Carcinogens (Sure-shot Cancer causing agents) by the WHO IARC (International Agency...more
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
2012 is shaping up to be the Year of the Commerce Clause. Not only is the Commerce Clause at the center of the Supreme Court ‘s impending review of the Affordable Care Act later this spring; it is also at the heart of a...more
Courts have traditionally construed federal jurisdiction of environmental statutes expansively, consistent with their remedial intent. However, recent opinions in Voggenthaler v. Maryland Square, LLC, Case 2:08-cv-1618 (D....more
In a 5-2 decision released Friday, July 8, the Florida Supreme Court held that the retroactive application of the 2005 Asbestos and Silica Compensation Fairness Act (Act) is unconstitutional because it divested the named...more
Amicus Curiae Brief on the Merits:
"Such a standardless exercise is not jurisprudential.
Instead, it transforms courts across the United States
into regulatory agencies, requires them to devise ad
hoc standards for each...more
The Brief urges review of the California Supreme Court's ruling allowing public authorities to use contingent fee counsel to prosecute public nuisance cases. It asserts that granting private counsel financial interests in...more
A panel of the court ruled 2-1 on September 17, 2010 that the Alien Tort Statute gives U.S. courts jurisdiction over alleged violations of international law by individuals only, not by corporations.
The decision dismisses...more
This comment discusses Connecticut v. American Electric Power Co. (“AEP”), in which the Court of Appeals for the Second Circuit announced that the federal common law of nuisance could potentially provide the basis...more
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
Millions fight to save Nevada's people and land from nuclear waste. The Yucca Mountain Project has gone from bad to ugly, and now involves a number of law suits involving federal, state and tribal sovereignty over Yucca...more
A unanimous Supreme Court has removed any doubt about a private party's right to sue for environmental response costs under the federal Superfund. In U.S. v. Atlantic Research Corporation, Case No. 06-562, the Court addressed...more
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