News & Analysis as of

Contamination

Oil Spill/Salt Water Disposal Facility: Illinois Attorney General Request for Preliminary Injunction

The Illinois Attorney General (“AG”) filed a Complaint and Motion for Preliminary Injunction against TrueFlo Solutions LLC (“TS”) in White County Circuit Court in Illinois in regards to an oil spill that allegedly...more

Fifth Circuit: Louisiana’s Subsequent Purchaser Doctrine Bars Claims for Damage to Real Property

by Beveridge & Diamond PC on

Applying Louisiana’s “subsequent purchaser doctrine” in the context of contamination from oil-and-gas operations, the Fifth Circuit affirmed the dismissal of a landowner’s property damage claims. See Guilbeau v. Hess Corp.,...more

Kentucky Appeals Court Outlines Limitations on Stigma Damages

by Beveridge & Diamond PC on

Illustrating the limitations on so-called “stigma” damages under Kentucky law, Kentucky appellate court ruled that a claim for stigma damages is not an independent cause of action, and that such damages are not available in...more

Can a RCRA Settlement Also Be Used as a Basis for a CERCLA Contribution Action?

On August 10, the U.S. Court of Appeals for the Ninth Circuit decided the case of ASARCO LLC v. Atlantic Richfield Company, which involves the ongoing liability to clean up the East Helena Superfund Site, located “in and...more

New Groundwater Contamination Case: TVA Ordered To Excavate Large Quantities of Coal Ash Waste

On August 4, the U.S. District Court for the Middle District of Tennessee issued a very significant ruling in the case of Tennessee Clean Water Network, et al., v. Tennessee Valley Authority. The District Court has ordered...more

Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real...

The First Appellate District of the California Court of Appeal recently confirmed California’s latent defect statute of limitations, codified in California Code of Civil Procedure section 337.15, bars only claims based on...more

Insurance Policyholders Score Victory on Critical Allocation Issue in Second Circuit Olin Decision

by Beveridge & Diamond PC on

In an action seeking insurance coverage for environmental contamination, the United States Court of Appeals for the Second Circuit held that “all sums” allocation would apply to the policies at issue, and therefore the...more

Appellate Court Gives Water District Partial Victory

by Clark Hill PLC on

The Orange County Water District (OCWD) is a public entity established by the California Legislature and empowered to manage, replenish, regulate, and protect groundwater supplies within its boundaries. In 2004, OCWD filed an...more

Second Circuit Follows Viking Pump Methodology to Calculate Total Insurance Liability for Environmental Cleanup Efforts Spanning...

On July 17, the U.S. Court of Appeals for the Second Circuit decided the case of Olin Corporation v. OneBeacon America Insurance Company, an environmental insurance recovery lawsuit. Olin Corporation has filed such lawsuits...more

Proposed Draft Legislation Clamps Down on Soil Pollution in China

by Latham & Watkins LLP on

On 22 June 2017, Chinese legislators released draft proposals to combat soil pollution in China at a bimonthly session of the Standing Committee of the National People’s Congress. The legislation complements the State...more

New York Court Holds Pollution Exclusion Applicable to Pollution Caused by Covered and Uncovered Causes

In its recent decision in Matter of Midland Ins. Co., 2017 N.Y. App. Div. LEXIS 5065 (N.Y. 1st Dep’t June 22, 2017), the Supreme Court of New York, Appellate Division, First Department, had occasion to consider the...more

Superior Court Invalidates Hexavalent Chromium Drinking Water Standard

Earlier this month, Judge Christopher E. Krueger of the Sacramento Superior Court issued an order invalidating the Maximum Contaminant Level (MCL) for hexavalent chromium. The California Department of Public Health (“DPH”)...more

Preparations Underway to Regulate 1,2,3-TCP in California’s Drinking Water - State Water Resources Control Board Held Public...

by Best Best & Krieger LLP on

In preparation for California adopting a maximum contaminant level for 1,2,3-trichloropropane in drinking water, the State Water Resources Control Board staff discussed potential reporting requirements and changes to...more

Oil And Gas Update For Week Ending 5/5/2017 – Attacks On Class Arbitration For Royalty Litigation In PA, TX Supremes Block Lease...

by Cozen O'Connor on

Oil prices based on the Brent Crude and West Texas Intermediate indices dropped significantly since our last report while natural gas spot prices rose slightly. The national rig count remains steadily climbing except that...more

Federal Court Dismisses Some of Seattle’s PCB Tort Claims

by Beveridge & Diamond PC on

In a blow to the efforts of municipal plaintiffs to pursue environmental damages through product liability theories, a Washington federal court granted Monsanto’s motion to dismiss Seattle’s design defect and failure to warn...more

Federal Court Allows Expert Testimony on Health Risks Despite Lack of Personal Injury Claims

by Beveridge & Diamond PC on

Underscoring the importance of expert testimony regarding health risks in toxic tort cases involving potential exposure issues, a Mississippi federal judge allowed expert testimony on health risks posed by alleged...more

Texas Supreme Court Tosses Untimely Damages Claims, Leaves Open Possibility of Injunctive Relief

by Beveridge & Diamond PC on

Highlighting the importance of proving a factual timeline in a statute of limitations analysis, the Texas Supreme Court held that a cattle ranch owners’ claims related to alleged contamination from long-dormant oil and gas...more

Texas Supreme Court Discusses Primary Jurisdiction For Environmental Contamination Claims

On April 28, the Texas Supreme Court, affirming the Court of Appeals of Texas, First District, sitting in Houston, issued a unanimous ruling in the case of Forest Oil Corporation v. El Rucio Land and Cattle Company, Inc., et...more

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

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