On March 2, the U.S. Court of Appeals decided the case of Bethpage Water Dist. v. Northrop Grumman Corp., and affirmed the lower court’s dismissal on New York statute of limitations grounds, the Bethpage Water District’s...more
On March 5, the U.S. Court of Appeals for the Tenth Circuit issued a ruling that the general federal five-year statute of limitations which is applicable to the enforcement of any civil fines, penalties or forfeitures (28...more
In the case of Kokesh v. SEC, decided on June 5, a unanimous U.S. Supreme Court held that the 28 U.S.C. § 2462, which apples to “any action, suit or proceeding for the enforcement of any civil fine, penalty or forfeiture,...more
Litigating parties may be so invested in the rightness of their cause that they neglect to check the calendar, and the relevant stature of limitations. On May 19, the Texas Supreme Court decided the case of Town of DISH, et...more
On March 24, the Texas Third District Court of Appeals (sitting in Austin) issued an important decision regarding the application of the state’s statute of limitations in a class action lawsuit. The case is Asplundh Tree...more
On March 9, the U.S. Court of Appeals for the Fourth Circuit issued a ruling affirming the District Court’s rejection of Virginia common law property damage claims based largely on negligence, nuisance, trespass, and argument...more
On February 24, the Texas Supreme Court released several decisions, including two rulings involving aspects of environmental law. The cases are ExxonMobil Corporation v. Lazy R Ranch, et al., and ExxonMobil Pipeline Company,...more
OSHA has just published a Final Rule restating its interpretation of the “continuing violations” theory. There are now two Circuit Court of Appeals rulings that disagree with this interpretation: AKM LLC dba Volks Contractors...more
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
This blog, although not brief, is a brief report on some of the significant environmental law and administrative cases decided in late December and the first quarter of 2016.
U.S. SUPREME COURT -
FERC Final Rule re...more
5/18/2016
/ CERCLA ,
Citizen Suits ,
Clean Air Act ,
Electricity ,
Endangered Species ,
Environmental Protection Agency (EPA) ,
FERC ,
FERC v Electric Power Supply Association ,
Food and Drug Administration (FDA) ,
Hawkes Co v United States Army Corps of Engineers ,
Hazardous Waste ,
Mining ,
RCRA ,
Statute of Limitations ,
Sturgeon v Frost ,
Tobacco ,
Utilities Sector
Twice, courts have been called upon to interpret North Carolina’s 10-year statute of repose in connection with injuries allegedly stemming from the release of hazardous substances. CTS Corporation v. Waldburger involved CTS’s...more