Environmental Claims

News & Analysis as of

Zika Transmission in New York, and Now in Florida - Some Legal Thoughts

In eight years of climate change blogging we think we have uniformly been able to steer clear of the prurient and the provocative, the lewd and the lascivious. But then came word last Friday from New York that the New York...more

FTC Workshop Examines Competition and Consumer Protection Issues in Rooftop Solar Industry

On June 21, 2016, the Federal Trade Commission (FTC) held a workshop to examine competition and consumer protection issues in the rooftop solar industry—also known as solar “distributed generation.” Beyond exploring a wide...more

Insurance Review May 2016

It has been another active year for class action and mass tort litigation in Australia, with seemingly very few industries or sectors immune, even the legal industry upon which this burgeoning area of the law has been built....more

Court Of Appeal Finds Indemnity Includes First Party Claims

Three years ago, I wrote this brief post about how to interpret an indemnity claim. I wrote that post to remind readers that the California Civil Code not only defines “indemnity”, it provides a series of interpretational...more

OSHA Whistleblower Retaliation Complaints Are on the Rise - Is Your Company Ready?

Many employers are surprised to learn that the Occupational Safety and Health Administration (OSHA) is responsible for investigating whistleblower retaliation complaints under 22 separate federal statutes, not just the...more

FTC Backs Off Green Guides Biodegradability Standard

On October 20, 2015, the U.S. Federal Trade Commission (FTC) issued an opinion and order holding that ECM BioFilms, Inc., a manufacturer of plastic additives, had made false or misleading claims about the biodegradability of...more

CT Law of the Land

Week of September 23 - Limits of relief possible for Intervenor under CGS 22a-19 - In Hunter Ridge LLC v. Planning & Zoning Commission Connecticut’s Supreme Court considered whether injunctive relief was available...more

Who Can Sue Polluters? New Texas Law HB 1794 Stirs Debate

A perspective on new Texas legislation HB 1794 by Gerald Pels one of the leaders of the Texas environmental legal community for over 30 years....more

Computer-Implemented Business Methods: Patentable?

In this Presentation: - Patentability of Computer-implemented Business Methods – A Recap - Research Affiliates v Commissioner of Patents - RPL Central v Commissioner of Patents - The Global Context:...more

Oklahoma Follows Texas’ Lead in Prohibiting Local Hydraulic Fracturing Bans

In the wake of Texas’ recent “ban on banning hydraulic fracturing,” Oklahoma lawmakers have passed a similar law—SB 809—prohibiting municipal governments from regulating oil and gas drilling at the local level. The bill now...more

Ninth Circuit Strictly Construes “Single Local Event” Exception to CAFA Jurisdiction for Mass Actions

In a recent decision, the Ninth Circuit Court of Appeals strictly construed the “single local event” exception to federal jurisdiction under CAFA as not encompassing “events or occurrences” that are of a continuing...more

Media Reports on 2014 "Fracking" Verdicts Miss the Real Story: Scientific Study Continues to Demonstrate the Safety of...

In April 2014, press reports widely suggested that a Dallas, Texas case was the first large verdict awarded on the basis of environmental damages sustained due to fracking. One advocacy journalism website's description of the...more

Environmental Claims: The Gift That Keeps On Giving

Asarco LLC v. Goodwin, 756 F.3d 191 (2nd Cir. 2014) – A reorganized company (Asarco) sought contribution for payment of environmental claims from beneficiaries of trusts created under John D. Rockefeller’s will. The...more

District Court Rules that Claims Challenging Forest Management Are Ripe and Final

Last week, the United States District Court for the Middle District of Florida determined that a group of plaintiffs could bring a claim against the U.S. National Park Service challenging actions that were characterized by...more

New Jersey Appellate Court Limits Measure of Damages for Contaminated Properties

On August 27, 2014, the Superior Court of New Jersey ruled in favor of Puritan Oil against a New Jersey property owner, finding that where the oil company had already taken steps to remedy contamination it caused on...more

Time for the Courts to go Green

The Supreme People’s Court has set up an environmental tribunal and clarified in its new Opinions which parties are able to pursue cases, the courts of first instance and the rules on litigation fees and funds. In...more

How Much Deference Do States Get in Entering CERCLA Consent Decrees? Probably A Lot, But Perhaps Not As Much as You Thought

In Cannons Engineering, the First Circuit Court of Appeals famously stated that, when CERCLA consent decrees arrive at the courts of appeal for review, they do so “encased in a double layer of swaddling,” because both the EPA...more

Environmental Claims: Twenty Years Later

A Chapter 11 debtor moved to reopen its bankruptcy case more than 15 years after it was closed in order to enforce the plan confirmation order to prevent claims by a state environmental agency and other potentially...more

Collateral Estoppel Bars Copy-Cat Environmental Plaintiff in New Case After Judgment

Roberson v. City of Rialto (4th Dist., Div. 2, 5/21/2014, E058187) - The Fourth District Court of Appeal affirmed a judgment denying a petition for writ of mandate to invalidate project approvals for the construction...more

Texas Court of Appeals Holds There is No Right Under The Administrative Procedure Act to Seek Judicial Review of a State Agency's...

On July 23, 2014, the Austin Court of Appeals held that Texas trial courts lack subject matter jurisdiction under the Texas Administrative Procedure Act (APA) to review orders by state agencies denying petitions for...more

Sixth Circuit Weighs in on CERCLA Cost Recovery, Contribution Actions

The U.S. Court of Appeals for the Sixth Circuit Court recently issued an important opinion related to claims to recover environmental cleanup costs at an Ohio landfill. The court’s ruling in Hobart Corporation, et al. v....more

Washington Insurance Law 2014 Mid-Year Update

During the first six months of 2014, Washington judges issued several notable insurance-related decisions. Some of those decisions were favorable to insurers and could benefit insurers in future insurance claims and lawsuits...more

Citizens for a Green San Mateo v. San Mateo County Community College District

Why it matters: The 30 day statute of limitations for CEQA challenges was upheld to bar litigation alleging that a project, as constructed, was different from how that project was described in the CEQA document....more

San Mateo Tree Removal Suit Felled by CEQA Statute of Limitations

In Citizens for a Green San Mateo v. San Mateo Cnty. Comm. College Dist. et al., No. A137612 (Cal. Ct. App. 1st Dist., June 17, 2014), the First District Court of Appeal reversed the trial court’s decision and found that a...more

FTC’s Recent Enforcement Cases for Misleading Recycled Content Claims

The Federal Trade Commission (FTC) has stepped-up its enforcement initiatives and recently settled two cases with companies that market plastic lumber and related products. FTC alleged that these companies misled consumers in...more

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