Natural Resource Damages & Environmental Justice
On August 7, 2020, the Government of Alberta launched Period 4 of the Site Rehabilitation Program (SRP) and released further details about the SRP, including information about the submission process for abandonment work and...more
Insurers have recently argued that environmental property damage claims for “closure” costs arising out of historic pollution are not covered, because the claimed damages are just “ordinary costs of doing business.”...more
On February 6, 2019, the Alberta Court of Appeal (ABCA) released its first ever decision on section 218 of the Environmental Protection and Enhancement Act (EPEA), which may extend limitation periods applicable to...more
Beginning January 1, 2018, Missouri's Underground and Aboveground Petroleum Storage Tanks laws will shift environmental liability from the "owner or operator of one or more petroleum storage tanks" to the "current legal owner...more
Forest Oil Corporation v. El Rucio Land and Cattle Inc. et al deserves your attention for four reasons: You won’t see another one involving damage to a rhinoceros pen...more
In a “case of first impression,” U.S. Court of Appeals for the Third Circuit,texascapitol sitting in Austin, in TCEQ v. Exxon Mobil Corporation, et al., issued an important decision interpreting the scope of the Texas Solid...more
In Morristown Associates v. Grant Oil Co., the New Jersey Supreme Court unanimously ruled that a six-year statute of limitations does not apply to private claims for contribution of costs incurred to remediate contaminated...more
In a much anticipated decision, the New Jersey Supreme Court ruled yesterday in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property is not applicable to Spill...more
Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”: Why it matters - A federal district court in Texas strictly construed a pollution exclusion in...more
When faced with a catastrophic loss triggering multiple layers of coverage and recalcitrant insurers at the primary layer, a policyholder has strong incentives to settle with the first-layer carriers for less than the full...more
The New Jersey Appellate Division just ruled that the general six-year statute of limitations for property damage claims applies to a private claim for contribution brought under the New Jersey Spill Compensation and Control...more