Environmental Claims

News & Analysis as of

New York’s Highest Court Reaffirms Specific Causation Rule under Parker in Toxic Tort Cases

On March 27, 2014, New York’s Court of Appeals issued a ruling reversing an Appellate Division decision and sustaining the lower court’s decision granting a defendant’s motion to dismiss the plaintiff’s complaint alleging...more

Toxic Tort and Environmental Litigation: Court of Appeals Revisits and Clarifies Causation Requirements for Expert Opinions

Causation is the crux of any toxic tort litigation. The Court of Appeals’ recent decision in Cornell v. 360 West 51st Street Realty, LLC, No. 16 (N.Y. Mar. 27, 2014) underscores that principle and revisits the causation...more

Property Reserve, Inc. v. Superior Court: California Property Owners Secure Victory in New Eminent Domain Opinion

In a victory for California property owners, the California Court of Appeal, on March 13, 2014, issued a new opinion holding that the State of California's proposed entry onto hundreds of properties in Northern California for...more

The Federal Tail Should Not Wag the Non-Federal Dog: The Sixth Circuit Concludes that the Corps’ Review of Mountaintop Removal...

The Sixth Circuit Court of Appeals has ruled, in Kentuckians for the Commonwealth v. Army Corps of Engineers, that the scope of review by the Army Corps of Engineers of § 404 permit applications for fills related to...more

Protestors Call for California Fracking Ban

Thousands of protestors converged on Sacramento on Saturday, urging Gov. Jerry Brown to institute a moratorium on fracking in California. The demonstration is believed to be the largest anti-fracking rally in state...more

Are Fracking Fluid Recipes Trade Secrets? Wyoming Supreme Court Sends Issue Back to District Court

In a unanimous opinion issued March 12, 2014, the Wyoming Supreme Court reversed and remanded a case concerning the confidentiality of the ingredients in fracking fluids. The decision keeps alive a challenge to the...more

History Repeats Itself At The Mouth Of The Miami River

Ten years ago, attorney Michael Kreitzer represented a developer who was faced with an injunction on its development of a high-rise apartment building on the south side of the Miami River after it was discovered that the...more

More Than Five Years Later, the Bush Administration Is Still Losing Environmental Cases

I previously noted that the record of the Bush administration in defending its rulemaking decisions was dangerously near the Mendoza Line. Indeed, even four years after Bush left office, it was continuing to lose decisions. ...more

Nebraska Court Stalls Keystone XL Pipeline, Declares Governor’s Approval Unconstitutional

On Wednesday, a Nebraska trial court struck down a state law allowing Governor Dave Heineman’s to approve the proposed route for TransCanada Corp.’s Keystone XL Pipeline. The decision comes just weeks after the State...more

Public Statements Made In Wake Of Environmental Disaster May Give Rise To Shareholder Securities Claims

When speaking on environmental issues affecting publicly-traded corporations, corporate officers, directors and management should be mindful of potential exposure to liability under the securities laws. After two oil spills...more

Time-Barred Claim . . . Or Is It? Supreme Court Agrees To Review Fourth Circuit State Statute of Repose Case

As reported on the Ogletree Deakins Environmental Law blog in July of 2013, a divided panel of the Fourth Circuit Court of Appeals held that the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA or...more

The States Lose Another NSR (and NSPS) Enforcement Case: I Think I Detect A Trend

As I have previously noted, the government’s record in NSR enforcement cases has been going downhill, particularly with important defeats before the 3rd and 7th Circuits’ Courts of Appeals. The latest governmental defeat...more

Ninth Circuit Denies Rehearing of Clean Air Act Suit and War of Words Ensues

On February 3, 2014, the United States Court of Appeals for the Ninth Circuit declined to rehear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could significantly...more

U.S. Supreme Court Briefing of Greenhouse Gas Cases Underway Oral Argument Scheduled for February 24, 2014

Briefing before the U.S. Supreme Court is currently underway in a matter involving challenges to the suite of greenhouse gas (GHG) cases decided by the U.S. Court of Appeals for the District of Columbia Circuit in December...more

Taking the Fight to the Ice: Ontario Court of Appeal allows enforcement action against Canadian subsidiary for environmental...

In Yaiguaje v Chevron Corporation, 2013 ONCA 758, the Ontario Court of Appeal held that Ontario has jurisdiction to recognize and enforce a foreign judgment against a Canadian subsidiary that was not a party to the foreign...more

Contrary Legal Winds At Cape Wind - Opponents Of Offshore Wind Sue Asserting Preemption

Would you care to hazard a guess at how long it takes to bring online an offshore wind farm in the United States? At the moment, it is 12+ years and counting. A recent court filing arguing constitutional questions is...more

Objectors Seek Writ of Certiorari to SCOTUS Over Monsanto Agent Orange Settlement

On January 21, 2014, objectors to a class action settlement over contamination from Monsanto Agent Orange herbicide filed a Petition for Writ of Certiorari with the Unites States Supreme Court. The Petition asked the Court to...more

Seventh Circuit Rejects Class Action Alleging Groundwater Contamination From Refinery Because Homeowners’ Claims Lack Commonality

The U.S. Court of Appeals for the Seventh Circuit recently reversed the certification of a class of property owners who alleged an Illinois refinery leaked potentially carcinogenic chemicals into their property and water...more

Seventh Circuit Highlights Challenges To Class Certification In Environmental Litigation

Property owners in the town of Roxana, Illinois, a small village on the Mississippi River across from St. Louis, filed suit against Shell Oil Company and ConocoPhillips. The property owners alleged that a refinery owned by...more

Shutting Down a Capital City: How High Will Business Interruption Claims Go?

On Thursday, January 9, 2014, a major chemical spill into West Virginia’s Elk Rivet cut off water to more than 300,000 people in the Kanawha Valley and surrounding nine counties. The chemical leak was from a facility owned by...more

Environmental Alert: Requirements for Existing Area Source Boilers

Regulatory Deadline to File Initial Notification for Existing Area Source Boilers Is January 20, 2014 - This is a reminder that you may be required to file an initial notification with the U.S. EPA and Pennsylvania DEP...more

Potential Recovery Opportunities Arising From Pollution Claims

Energy production in the United States is at an all-time high. In 2013, an average of 7.5 million barrels of oil were pumped every day, which bested the previous production record (2012) by one million barrels. Domestic oil...more

New York Court Holds UST Sublimit Applicable to Underlying Loss

In its recent decision in Two Farms, Inc. v. Greenwich Ins. Co., 2014 U.S. Dist. LEXIS 1629 (S.D.N.Y. Jan. 7, 2014), the United States District Court for the Southern District of New York had occasion to consider the whether...more

Trade & Manufacturing Alert - January 2014

In This Issue: - The Sanctions Divide: The White House Pushes to Ease Trade Restrictions on Iran While Congress Contemplates a New Round of Sanctions Legislation - Energy Industry Helps U.S. Set Exports...more

SolarWorld Files New Anti-Dumping and Anti-Subsidy Cases against China and Taiwan Solar Cells

On December 31, 2013, SolarWorld Industries America Inc. petitioned the Department of Commerce and the International Trade Commission to begin antidumping investigations against the People’s Republic of China and Taiwan and a...more

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