News & Analysis as of

Contamination

Louisiana’s Subsequent Purchaser Rule Bars Property Owner’s Claims

On April 18, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s ruling in a Louisiana case that dismissed the plaintiff’s claims for property damage based on contamination caused to his property by...more

Disposal of Contamination = Disposal of Evidence. Be Careful What You Throw Away!

by Snell & Wilmer on

In a recent unpublished case, the Superior Court of New Jersey held that the Plaintiff in a CERCLA case had committed spoliation when, during the course of the remedial activity, it disposed of various contaminated materials....more

Oil and Gas Update for 3/31/2017 – Commonwealth Court Addresses Stripper Wells and Impact Fees, Federal Judge Tosses $4.2 Million...

by Cozen O'Connor on

The Henry Hub inched past $3/MMBtu since our last report alongside another increase in the national rig count and a tiny uptick in oil prices. In Appalachia, the Commonwealth Court issued a decision on whether and when...more

Recent PFAS Case Law – RCRA, CERCLA and Toxic Tort Claims

by Beveridge & Diamond PC on

A new class of emerging contaminants poses challenges at remediation sites and for the protection of drinking water, and is generating new toxic tort litigation. Per- and polyfluoroalkyl substances (PFAS) are emerging...more

Texas Supreme Court Reverses Two Court of Appeals Decisions Involving Environmental Issues

On February 24, the Texas Supreme Court released several decisions, including two rulings involving aspects of environmental law. The cases are ExxonMobil Corporation v. Lazy R Ranch, et al., and ExxonMobil Pipeline Company,...more

No Exception for Latent Disease in N.C. Statute of Repose

by Beveridge & Diamond PC on

Highlighting an area of unsettled law in North Carolina toxic tort litigation, a federal district court in the Eleventh Circuit held that the pre-2014 North Carolina statute of repose contained no exception for latent...more

Applying Product Liability Theory, Washington State Sues for PCB Damages

by Beveridge & Diamond PC on

In an effort to use product liability theories to hold manufacturers culpable for environmental releases, the Attorney General of Washington State sued PCB manufacturer Monsanto in state court in December. See Complaint,...more

Can the ‘Long-Ago’ Nature of Conduct Bar Punitive Damages — Even for Recent Injuries?

by McGuireWoods LLP on

Does the statute of limitations bar a claim for punitive damages if the conduct occurred outside the limitations period, but the plaintiff’s injuries occurred within it? An Illinois federal judge recently confronted this...more

Award for Nuisance From Gas Wells Squelched

by Gray Reed & McGraw on

It was a bad day for the Parrs in Aruba Petroleum v. Parr. The trial court judgment was against the operator for intentional nuisance. The Parrs recovered $2.9 million for pain and suffering and mental anguish and for loss of...more

Lawsuit Proceeds Against Monsanto for Manufacture of PCBs

Last year, we told you about a lawsuit brought by three California cities against Monsanto Company, alleging that Monsanto is liable for PCB (polychlorinated biphenyl) contamination in San Francisco Bay. The cities—San Jose,...more

Third Circuit Affirms Rescission of $25 Million Contaminated Products Policy

by Carlton Fields on

In H.J. Heinz Co. v. Starr Surplus Lines Ins. Co., No. 16-1447 (3d Cir. Jan. 11, 2017), the Third Circuit affirmed a District Court’s order allowing insurer Starr Surplus Lines Insurance Company (“Starr”) to rescind a $25...more

Second Circuit Offers Policyholders Painful Reminder on Giving Notice of Claims: Don’t Wait, Use Correct Addresses, and Be...

by Beveridge & Diamond PC on

In January 2017, the Second Circuit ruled that policyholders must actually or presumptively give their insurers notice of specific policies under which they seek coverage—mailing a notice of the claim may not be enough....more

Oregon DEQ to Review Sites with Long-Term Controls

The Oregon Department of Environmental Quality (“DEQ”) announced that in March 2017, it will launch a pilot program to take a second look at 25-30 randomly selected sites that received a No Further Action (“NFA”)...more

News from the Vermont State House - An Analysis from DRM’s Government & Public Affairs Team - January 2017 #2

by Downs Rachlin Martin PLLC on

Treasurer Will Build Public Pension Plan for Small Business - State Treasurer Beth Pearce on Wednesday asked the Senate Economic Development, Housing and General Affairs Committee to create the framework for a...more

Illinois Enacts Law Requiring Schools to Lead Test Their Water Supply

by Franczek Radelet P.C. on

Earlier this week, Governor Bruce Rauner signed a new law requiring Illinois elementary schools and day care centers to test their drinking water sources for lead contamination and notify parents of the results of that...more

Public Decision Making newsletter - Summer Edition 2016

by DLA Piper on

This newsletter summarises recent developments in resource management and local government law in New Zealand that are of particular relevance to local authorities and decision makers. In this edition, we address recent...more

Vapor Intrusion: EPA is Sharpening Its Focus

by PretiFlaherty on

On December 8, 2016, the U.S. Environmental Protection Agency (EPA) announced that the ranking system designed to assess potential Superfund sites will now include evaluation criteria related to contamination threats posed by...more

Open the Floodgates? WRDA Shows Congress Ready to Act on Water Policy, Infrastructure Projects

by Faegre Baker Daniels on

In the bipartisan Water Resources Development Act (WRDA), which the Senate approved on December 9, Congress addressed major issues in the nation’s water infrastructure, including direct efforts aimed at problems related to...more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 4, December 2016

by Beveridge & Diamond PC on

DC High Court Adopts Daubert Approach to Expert Testimony - In a direct victory for mobile phone manufacturers and service providers, and with implications for any other case involving expert testimony in the District of...more

District of New Hampshire Denies Remand Under CAFA’s Local Controversy Exception

by Pierce Atwood LLP on

On November 30th, in Brown v. Saint-Gobain Performance Plastics Corp., United States District Judge Joseph Laplante of the District of New Hampshire denied plaintiffs’ motion to remand two related class action lawsuits based...more

Spoliator Alert! Discarding Your Pipes, Sumps and Slabs Can Cost You

by Cole Schotz on

The New Jersey Appellate Court recently upheld a spoliation claim against a plaintiff company that sued prior owners for violations of New Jersey’s Spill Compensation and Control Act and common law claims of nuisance and...more

Environmental Notes - November 2016

by Williams Mullen on

EPA has revised its procedures for making certain changes to its “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” also known as SW-846. The test method and its compendium of guidance documents provide...more

EPA Plays Defense in Mine Disaster

by Williams Mullen on

EPA finds itself in unfamiliar territory as the agency defends its involvement in a multi-state environmental disaster. In 2015, a contractor acting under EPA’s supervision used an excavator to dig away tons of rock and...more

Protecting Lenders from Environmental Liability for Foreclosed Properties

by Murtha Cullina on

Readers may recall an earlier blog post regarding a bank’s potential liability for damage to private property caused by a tree falling onto a neighbor’s property. In addition to property damage from obvious unsafe...more

Washington, D.C. Update – October 2016

by Baker Donelson on

In a rush to leave Washington and head home to campaign for reelection, members of Congress passed a continuing resolution (CR) avoiding a shutdown and extending federal government operations through December 9. In an effort...more

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Cybersecurity

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