News & Analysis as of

Groundwater Contamination

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

Court “Un-Laches” Backdoor Defense to Spill Act?

by Cole Schotz on

After the NJ Supreme Court Finally Closed the Door on The Statute of Limitations Defense To NJ Spill Act Contribution Claims, Laches Emerges as a Possible Backdoor Defense. The Bergen County Superior Court issued a...more

Resolving Complex Environmental Disputes

by JAMS on

This article discusses early cooperation between parties and insurers in resolving complex environmental disputes. It summarizes strategies that recently succeeded in a six-way dispute over the costs of investigating and...more

Unique Ruling Regarding Joint CERCLA Liability and Government Contracting Law and Practices

Lockheed Martin Corporation, one of the largest defense contractors in the United States, operated three California facilities that manufactured solid-propellant rockets for the United States Department of Defense pursuant to...more

Cabot Oil & Gas Continues to Fight $4.24 Million Federal Court Jury Verdict on Landowners’ Nuisance and Negligence Claims

by BakerHostetler on

After a recent round of post-trial motion briefing in Ely v. Cabot Oil & Gas Corp., Case No. 3:09-cv-02284-MCC (M.D. Pa.), it appears one of the most heavily publicized landowner lawsuits against an exploration and...more

Vermont’s Generalized Injury Claims from MTBE Contamination Time-Barred

On May 27, 2016, Vermont’s Supreme Court, in State of Vermont v. Atlantic Richfield Company, et al., ruled that the State of Vermont’s “generalized injury” claims “to state waters as a whole due to groundwater contamination...more

Michigan Court Defers to Regulator’s Concurrent Jurisdiction in UST Cleanup

by Beveridge & Diamond PC on

In a decision highlighting a practical challenge in pursuing tort claims against some underground storage tank (“UST”) owners and operators, the Michigan Court of Appeals held that a trial court could nix a lawsuit stemming...more

Tenth Circuit Bars Class Tort Claims for Failing to Plead Injury

by Beveridge & Diamond PC on

Underscoring the importance of pleading actual injury in a toxic tort class action, the U.S. Court of Appeals for the Tenth Circuit dismissed Oklahoma class claims that were based only on “reasonable concern” of future injury...more

Pennsylvania Jury Awards $4.2 Million in Groundwater Contamination Case

by BakerHostetler on

On Thursday, a federal jury in Pennsylvania ordered Cabot Oil & Gas to pay more than $4.2 million in damages to two Pennsylvania families who sued in 2009 alleging that the Texas-based company’s drilling operations...more

Alert: Gas Station Owners: State to Pursue Claims of MTBE Contamination

by Pullman & Comley, LLC on

Over a decade ago, Connecticut, like much of the country, had concerns over groundwater contamination from gasoline containing the additive MTBE. Although much of the country had let the issue of MTBE contamination fall by...more

New Mexico Files RCRA Notice of Intent to Sue EPA

by Snell & Wilmer on

On January 14th, the State of New Mexico provided the legally required notice under the Federal Resource Conservation and Recovery Act (RCRA) to sue the United States Environmental Protection Agency (EPA), the State of...more

Virginia Federal Court Holds Groundwater Contamination Triggers Clean Water Act Jurisdiction

by Williams Mullen on

Dominion Virginia Power (Dominion) operates a coal-fired power plant in Chesapeake, Virginia. It maintains permits for its operations, including a Virginia solid waste management permit and a Virginia Pollutant Discharge...more

Draft Guidelines for Planning Grants Released by California Department of Water Resources

by Best Best & Krieger LLP on

Guidelines Will Drive Funding Process; Comments Due Oct. 5 - With the passage of the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1), California voters authorized the issuance of $7.1...more

Massachusetts Issues Guidance on Addressing 1,4 Dioxane Sites

by Beveridge & Diamond PC on

MassDEP issued a fact sheet in June identifying special considerations for responding to releases of 1,4-dioxane (“dioxane”), which was primarily used as a stabilizer and corrosion inhibitor as an additive to chlorinated...more

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

by Beveridge & Diamond PC on

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

2015 Summary of Key Maine Environmental Legislation

by Pierce Atwood LLP on

The Pierce Atwood Environmental and Land Use Practice Group is pleased to provide the 2015 Summary of Key Maine Environmental Legislation enacted or carried over in the First Regular Session of Maine's 127th Legislature...more

Natural Contaminants Exceed Human-Made Contaminants in California’s Groundwater

by Wilson Elser on

Defendants in groundwater contamination cases in California have additional evidence to direct blame where it should be placed – on naturally occurring contaminants. An extensive study by the U.S. Geological Survey (USGS) has...more

Hydraulic Fracturing: State Regulatory Roundup Vol. 43

by Kelley Drye & Warren LLP on

Fracking Insider Readers: We are pleased to bring you Volume 43 of our State Regulatory Roundup, including updates in California, New York, and Ohio. As we explained in earlier volumes, we designed the Roundup to provide...more

Expanded Significant Environmental Hazard Requirements for Connecticut Site Owners: Changes, Pitfalls, and Impacts

by Robinson & Cole LLP on

As of July 1, 2015, significant changes took effect for the Significant Environmental Hazards (SEH) program established by Conn. General Statutes §22a-6u. This program requires reporting to the Connecticut Department of...more

More Stringent "Significant Environmental Hazard" Reporting Requirements to Take Effect July 1, 2015

by Shipman & Goodwin LLP on

Despite recent lobbying by industry and other stakeholders for a postponement of its effective date, a law passed in 2013 (Public Act 13-308) will take effect on July 1, 2015 amending existing reporting requirements for...more

Letter Urges Oil & Gas Wastewater Well Shut-Ins due to Risk of Groundwater Contamination; Regulators Stick to Rulemaking

by Stoel Rives LLP on

On March 20, Senator Fran Pavley (D-Agoura Hills) wrote a letter to Governor Jerry Brown requesting that his administration immediately shut down approximately 2,500 underground injection wells. The letter was signed by...more

Ohio Federal Court Rules That DuPont’s Teflon Emissions Are Covered by RCRA

by BakerHostetler on

Last week the Southern District of Ohio held that air emissions from DuPont’s Teflon production operations at its Washington Works Facility in West Virginia, which landed on a water supplier’s wellfield and contaminated the...more

Eleventh Circuit Reinstates Groundwater Contamination Case Dismissed on Lone Pine Order

by Beveridge & Diamond PC on

In a case that may provide some plaintiffs with protection from early Lone Pine orders, the Eleventh Circuit reversed a trial court’s dismissal of a groundwater contamination case for failure to sufficiently state claims...more

North Carolina’s Amended Repose Law Fails to Save Barred Toxic Tort Claim

by Beveridge & Diamond PC on

Notwithstanding the intent of the North Carolina legislature, a federal court ruled that the state’s recently amended law exempting groundwater contamination suits from a 10-year statute of repose did not save a latent toxic...more

The Complexity Associated with Setting Non-cancer Indoor Air Remediation Goals for Trichloroethylene Based on Short-term Exposure...

by Pepper Hamilton LLP on

Over the last few years, there has been increasing consideration of vapor intrusion in groundwater investigations, groundwater remedy selection, periodic reviews of the continued safety of already implemented groundwater...more

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