News & Analysis as of

Damages Contamination

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tank/Groundwater Contamination: Negligence/Trespass/Nuisance Action Filed in Pulaski County, Arkansas Circuit...

Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more

Lowenstein Sandler LLP

Without Actual Collection of Damages, Mere CERCLA Liability Not Barred as Double Recovery, Says Ninth Circuit Ground Water Quality...

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On April 15, in Santa Clarita Valley Water Agency v. Whittaker Corp., et al., No. 22-55727, slip op., -- F.4th – (9th Cir. 2024) (SCVWA), the U.S. Court of Appeals for the Ninth Circuit (Court of Appeals) held that in a...more

Cozen O'Connor

Hawaii Sues 25 “Forever Chemical” Manufacturers

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Hawaii AG Anne E. Lopez filed a lawsuit against 25 manufacturers of aqueous firefighting foam (AFFF) products containing per- and polyfluoroalkyl substances (PFAS), alleging that for decades the companies violated state...more

Fox Rothschild LLP

DuPont Companies to Pay Delaware an Extra $25 Million Under 2021 PFAS Settlement

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A recent DuPont settlement in Ohio triggers additional payments to Delaware under a 2021 agreement. In June 2021, (i) E. I. du Pont de Nemours and Company, (ii) Corteva, Inc., (iii) The Chemours Company, and (iv) DuPont de...more

Hissey, Mulderig & Friend, PLLC

Camp Lejeune Justice Act enables veterans, families to file lawsuits over illnesses linked to toxic water contamination

Under a bipartisan federal law passed in 2022 known as the Camp Lejeune Justice Act, veterans or other individuals who lived at Marine Corps Base Camp Lejeune in Jacksonville, North Carolina may be eligible to file a claim...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Timing Issue

The United States District Court (M.D. Florida) (“Court”) addressed in a June 23rd Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc. v....more

Morris James LLP

Who is Eligible for the Camp Lejeune Lawsuit?

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The Camp Lejeune water contamination is a notorious and tragic event that has affected countless military personnel and their families. From 1953 to 1987, the drinking water at Camp Lejeune, a United States Marine Corps base,...more

White and Williams LLP

Significant Ruling in PFAS Litigation Could Impact Insurance Coverage

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Per- and poly-fluoroalkyl substances, commonly known as PFAS, have served as a key component in numerous industrial and consumer products for decades. These “forever chemicals,” which have been associated with environmental...more

Console and Associates, P.C.

The Timeline of the Camp Lejeune Contaminated Water Lawsuits

With the passage of the Camp Lejeune Justice Act of 2022, the federal government has opened the door for service members and their families to pursue claims against the federal government based on the contaminated water at...more

Console and Associates, P.C.

What the Senate’s Passage of the Camp Lejeune Justice Act Means for Military Families

Following last week’s Senate vote on the Camp Lejeune Justice Act, individuals harmed by contaminated water while living or working on Marine Corps Base Camp Lejeune are one big step closer to being able to recover the...more

Console and Associates, P.C.

The Camp Lejeune Justice Act of 2022 Passes the House of Representatives

Earlier this month, the U.S. House of Representatives passed a bill carving out an exception to the general rule that the United States government is not liable for injuries to servicemembers. The Camp Lejeune Justice Act of...more

Integral Consulting Inc.

Considering Environmental Justice in Natural Resource Damage Assessment

January 27, 2022 was the one-year anniversary of President Biden’s announcing his Justice40 program as part of his approach to building environmental justice (EJ) broadly into decision-making.  In December EPA announced it...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil Contamination/Remediation: New York Court Considers Potential Liability of Insurance Company/Environmental Consultant

The New York Supreme Court – Appellate Division (Second Department) (“Court”) addressed in an October 20th Decision & Order (“Decision”) alleged damages associated with the remediation of oil contamination. See Bennett v....more

Tonkon Torp LLP

Night Of The Corporate Zombies – How Undead Corporations Can Help Fund Oregon’s Environmental Cleanup

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We all know that corporations and limited liability companies can die. In actuality, they are dissolved and given time to wind up their affairs, but the point is that after five years following proper notice to potential...more

Cole Schotz

Property Owners Damaged By Contamination Have Limited Time To Recover Common Law Damages

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Property owners who suffer damages as a result of contamination must be aware of time limitations to recover damages. A New Jersey appellate court recently upheld the rule that, unlike recovery of cleanup costs in...more

Beveridge & Diamond PC

Kentucky Appeals Court Outlines Limitations on Stigma Damages

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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

Beveridge & Diamond PC

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

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

Gray Reed

Award for Nuisance From Gas Wells Squelched

Gray Reed 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

Nexsen Pruet, PLLC

EARL e-News: The Uncertain Status of “Stigma Damages” for Property Claims in South Carolina - Updates on Environmental,...

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In Chestnut, et al v. AVX Corporation, Appellate Case 2012-212143 (S.C. Supreme Court August 5, 2014), the State Supreme Court was faced with the issue of whether “stigma damages” could apply for environmental contamination...more

Beveridge & Diamond PC

Ninth Circuit Reverses Dismissal of Damages Claim in San Diego Contamination Suit

In a decision that may reopen the door to significant damages in a California soil and groundwater contamination suit, the Ninth Circuit reversed a trial court’s dismissal of the City of San Diego’s restoration and real...more

Beveridge & Diamond PC

Toxic Tort & Product Liability Quarterly Volume 7, Number 2

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MASS TOXIC TORTS - West Virginia Chemical Spill Prompts Wave of Lawsuits - The January 9th, 2014 chemical release at a Freedom Industries, Inc. facility in West Virginia has shown, yet again, that major...more

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