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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

Chevron Ecuador Litigation

2nd Circuit Order Vacating Preliminary Injunction New York

by Santiago Cueto on

On September 19, 2011, a federal appeals court reversed Southern District Judge Lewis Kaplan's preliminary injunction blocking worldwide enforcement of an $18 billion environmental judgment in Ecuador. In its ruling, a...more

Republic of Ecuador v. Chevron Corporation

Order on Republic of Ecuador's Motion to Stay of ArbitrationNew York

by Santiago Cueto on

Although the Second Circuit affirmed the decision below, the Court found against Chevron on several key factual issues that undermine the company's defenses both in Ecuador and potentially in various enforcement courts where...more

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