Zoning, Planning & Land Use › Civil Procedure › Toxic Torts

Use of Lone Pine Orders in Methane Migration and Other Groundwater Contamination Litigation

Introduction - In two recent groundwater contamination cases pending in federal district court in the Middle District of Pennsylvania, the court refused to enter Lone Pine orders which would have shifted the burden to...more

Chart v. Town of Parma

Decision granting standing to park user concerned about contaminated soil

Standing: The Court denied the Town’s motion to dismiss the complaint for lack of standing. She found that plaintiff has standing because he stopped walking the nature trails after learning of the contamination and is...more

REGULATORY: D.C. Regulatory: Courts Reject Post-Deepwater Horizon Environmental Challenges By Charles J. (Tim) Engel

Soon after the Deepwater Horizon oil spill in the Gulf of Mexico, environmental groups launched wide-ranging challenges to all phases of offshore oil and gas exploration and development. They filed lawsuits against the...more

CERCLA's Easily Confused Statutes of Limitations

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

Rough Justice:U.S. Supreme Court Liberalizes Use of Apportionment Instead of Joint and Several Liability in Superfund Litigation...

In a much anticipated ruling, a nearly unanimous U.S. Supreme Court has determined that the imposition of liability as an “arranger” under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA,”...more