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

Chemicals, Compliance and the Toxic Substances Control Act

The Toxic Substances Control Act (TSCA) required the compiling of a national register of chemicals that were manufactured in or imported into the United States for a non-exempt commercial purpose, and the first TSCA Inventory...more

Transnational Class Action Dispute Over Oil Spill Commenced in Australia

by Jones Day on

Following the 2009 Montara Oil Field oil spill in the Timor Sea, an Indonesian seaweed farmer brought a class action in Australia against the operator of the Montara Oil Field. The action was commenced on behalf of a class of...more

Ninth Circuit Rejects CERCLA Liability for Air Emissions

by Morrison & Foerster LLP on

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

Ninth Circuit Holds Air Emissions Not Covered by CERCLA

by Morgan Lewis on

Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals. On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more

New Ninth Circuit Decision Precluding CERCLA Liability for Airborne Emissions

Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive...more

China’s Top Court Clarifies Environmental Tort Liability Standards

by Beveridge & Diamond PC on

On June 1, 2015, China’s Supreme People’s Court (“SPC”) issued an interpretation, The SPC Interpretation on Several Questions Concerning Applicable Law in the Adjudication of Environmental Tort Liability Dispute Cases...more

Third Circuit Affirms Dismissal of Toxic Tort Claims Based on Unreliable Experts

by Beveridge & Diamond PC on

Underscoring the importance of reliable expert methodology, the U.S. Court of Appeals for the Third Circuit upheld the dismissal of a personal injury suit based on unreliable expert testimony. See Henry v. St Croix Alumina,...more

Energy Newsletter - October 2014

by King & Spalding on

In This Issue: - Mexico's New E&P Contracts - Electricity Reform in Mexico: New Opportunities and Roles - New Licence Terms Promoting Unconventional Exploration and Production are Introduced for the UK's 14th...more

Responsible Mercury Management Post-MEBA

by Goodwin on

Several domestic industries have historically produced elemental mercury as either a main product or a byproduct of their operations. This mercury has typically been sold to third parties that have utilized it in the...more

Chemical Purchasers May Be Operators and Liable for Releases That Occur During Shipment

by Davis Wright Tremaine LLP on

Any company that purchases chemical products should be aware that it could potentially be liable for releases that occur during the shipment of the purchased products. In a recent New York District Count case, Kemira Water...more

Some clarification regarding challenges to REACH candidate listing

by K&L Gates LLP on

In a series of recent judgments the EU General Court has given some guidance to companies considering challenging the inclusion of their substances in the REACH Candidate List. In summary, it is now clear that the listing of...more

US Courts Order Discovery for Use Overseas in Chevron-Ecuador Disputes

Context: The Chevron-Ecuador Litigation A high profile and complex dispute involving a group of Ecuadorian residents, Chevron Corporation and the Republic of Ecuador is forcing courts and the media to focus on an arcane...more

Winston & Strawn's Greater China Law Update

by Daniel Porter on

Winston & Strawn's Greater China Law Update is a bi-monthly publication covering relevant legal, financial, and economic topics that affect the Chinese and Hong Kong marketplaces....more

Planning the Funeral at the Birth: Extended Producer Responsibility in the European Union and the United States - 30 Harvard...

by Noah Sachs on

This article takes a comparative look at how the world's two largest economies are diverging in their approaches to regulating hazardous products and packaging, with major ramifications for manufacturing, waste management and...more

OIL'S NOT WELL IN LATIN AMERICA: CURING THE SHORTCOMINGS OF THE CURRENT INTERNATIONAL ENVIRONMENTAL LAW REGIME IN DEALING WITH...

by Santiago Cueto on

Although international environmental law has made some inroads in identifying global environmental problems, it has mostly proved ineffective at adequately addressing them. The absence of a governing body to monitor and...more

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