Zoning, Planning & Land Use Civil Procedure Toxic Torts

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Colorado Supreme Court Restricts Use of "Lone Pine" Discovery Orders

On April 20, 2015, the Colorado Supreme Court released an important decision restricting the use of so-called "Lone Pine" orders. See Antero Resources Corp. v. Strudley. Lone Pine orders require plaintiffs in toxic tort cases...more

Lone Pine Loss: Supreme Court of Colorado Says State Rules Don’t Allow Use of Lone Pine Orders in Natural Gas Drilling Case

Earlier this week, the Supreme Court of Colorado issued its long-awaited decision in Antero Resources Corp. v. Strudley and held that the Colorado Rules of Civil Procedure do not allow a trial court to issue a modified case...more

Non-Settling CERCLA Defendants Beware: Ninth Circuit Provides Lower Courts with Discretion to Allocate Liability Using Equitable...

There is a split of authority on how credits for settlements under the Comprehensive Response, Compensation and Liability Act (“CERCLA”) are allocated to non-settlors. Some courts have applied the proportionate share...more

Down in the Dumps: Court Refuses to Apply Pollution Exclusion in Landfill Seepage Case

Claims involving potential coverage for pollution liability pose unique challenges for insurers. In many cases, the polluting activity occurred decades ago and over a large span of time, with only a fraction of the activity...more

EU Court limits the scope of environmental liability for new owners of polluted land

The Court of Justice of the European Union (the “CJEU”) has shed light on the application of the “polluter pays” principle in the context of the EU’s Environmental Liability Directive. The judgment, handed down on 4 March...more

Missouri Federal Court Cuts Claims in Pipeline Property Damage Action

Underscoring the need for plaintiffs to show concrete proof of harm in suits alleging property damage, a federal district court dismissed a suit alleging that an oil pipeline contaminated farmland in Missouri. See Henke v....more

U.S. District Court in Pennsylvania Dismisses Majority of Water Well Contamination Claims Against Oil Drilling Company

Earlier this month, U.S. District Judge John E. Jones III in the Middle District of Pennsylvania completely adopted the “extremely thorough, well-reasoned” recommendations of a U.S. Magistrate Judge and dismissed almost all...more

Eleventh Circuit Reinstates Groundwater Contamination Case Dismissed on Lone Pine Order

In a case that may provide some plaintiffs with protection from early Lone Pine orders, the Eleventh Circuit reversed a trial court’s dismissal of a groundwater contamination case for failure to sufficiently state claims...more

New Jersey Supreme Court Rules No Time Bar for Spill Act Contribution Claims

In a unanimous decision on January 26, 2015, the Supreme Court of New Jersey, in Morristown Associates v. Grant Oil Co., overturned two lower-court decisions and held that the six-year statute of limitations for damage to...more

Toxic Tort and Environmental Litigation: District Court Finds Expert Proof Insufficient to Prove Causation (1/15)

Causation is often the biggest hurdle a plaintiff must clear in proving a toxic tort case. For that reason, it would be expedient if a plaintiff could get to trial on the issue of causation merely by showing that...more

The Expanding Availability of Apportionment To Limit Liability in Superfund Cases

In Burlington Northern in 2008, the US Supreme Court ruled that Superfund liability could be apportioned whenever there was a reasonable basis for showing that the harm was divisible, such as by considering the length of time...more

United States Supreme Court Holds that CERCLA Allows State Statutes of Repose to Limit Plaintiffs’ Injury Claims

This week, the United States Supreme Court issued a ruling of interest to any Potentially Responsible Party regarding the effect of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) on state...more

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

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