Environmental litigation, particularly toxic tort litigation, inevitably turns on scientific evidence about causation. Beginning with the Supreme Court’s Daubert decision in 1993, trial courts have repeatedly been admonished...more
Sherlock Holmes famously said, “when you have eliminated the impossible, whatever remains, however improbable must be the truth.” This reasoning has been adopted by trial judges seeking to resolve questions of causation. In...more
One of the most famous questions in philosophy is “if a tree fell in a forest and nobody was there to hear it, would it still make a sound?” A similar question dominates the world of consumer class actions. If a product...more
Judge Susan Illston of the U.S. District Court for the Northern District of California recently ended 16 years of toxic tort litigation relating to fugitive hexavalent chromium (C6) exposure involving the City of Willits and...more
The United States District Court for the District of Oregon dismissed claims brought by environmental organizations under section 9 of the Endangered Species Act (“ESA”) to prevent unlawful take of marbled murrelets...more
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