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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Federal Common Law Climate Claims: Now You See Them, Now You Don’t

Just a few weeks ago, Federal Judge William Alsup ruled that claims brought by San Francisco and Oakland against certain large oil companies belonged in federal court, because they raise issues of federal common law. Last...more

2018 Environmental Legislative Update No. 3

by Pullman & Comley, LLC on

In the rocket launching business, “Max Q” is point of maximum stress due to the combination of acceleration and air density. Judging from the number of items in today’s update, the session may have reached legislative Max Q....more

Defence + Indemnity: February 2018 - I. Insurance Issues B.

by Field Law on

I. INSURANCE ISSUES - B. The Court held that a duty to defend was triggered by pleadings alleging an escape of fuel oil onto neighbouring property despite a pollution exclusion clause in the policies, because the pleaded...more

Court of Appeal Finds the Missing Linc

by K&L Gates LLP on

On 9 March 2018, in what was a highly anticipated judgment for many liquidators, the Queensland Court of Appeal reversed the controversial first instance Supreme Court decision in the matter of Linc Energy Pty Ltd (In...more

Dumpster Divers Extract Millions of Dollars. Again.

by Davis Wright Tremaine LLP on

From 2013 through 2015 investigators checked trash dumpsters from Home Depot stores. Based on what they found, the California Attorney General and various District Attorneys (collectively the “State”) brought a claim with...more

SCOTUS Leaves Bush-Era EPA Water Transfer Rule Alone

by Butler Snow LLP on

Last week, the United States Supreme Court declined to hear an important water rights case involving whether water can be transferred from one water body without a permit from the Environmental Protection Agency (“EPA”).  As...more

Federal Court in California Denies Remand of Climate Change Litigation

by Jones Day on

The Situation: In what may portend the beginning of the end to the latest chapter of U.S. filed state law "global warming" or climate change litigation against industry, a federal court in San Francisco denied a motion to...more

Regional Haze/Arkansas: 8th Circuit Court of Appeals Grants Motion to Stay

The United States Court of Appeals for the 8th Circuit addressed a Motion to Stay related to litigation involving application of the Clean Air Act Regional Haze requirements to Arkansas. The Order was issued on March 7th....more

Definition of Solid Waste/RCRA: U.S. Court of Appeals for D.C. Circuit Addresses Petition for Rehearing/Challenges to 2015...

The United States Court of Appeals, District of Columbia Circuit (“Court”), addressed in a March 6th Opinion petitions for Panel Rehearing of a July 7, 2017 decision addressing the Resource Conservation and Recovery Act...more

Global Warming Public Nuisance Actions Will Stay In Federal Court

On February 27, the U.S. District Court for the Northern District of California rejected motions filed by the cities of Oakland and San Francisco to remand two global warming public nuisance lawsuits filed by the cities in...more

District Court Inclined To Dismiss Action Challenging EO 13771

On February 26, the U.S. District Court for the District of Columbia dismissed, for lack of jurisdiction, a challenge to the President’s Executive Order 13771, and two guidance documents issued by the Office of Management and...more

Court Ruling Signals Potential Expansion of Civil RICO Liability to Include Automotive Suppliers in Emissions Violations Cases

by Dechert LLP on

A U.S. federal district court, on February 20, 2018, declined to dismiss class plaintiffs’ civil RICO claim against GM and a major automotive supplier, where plaintiffs alleged that GM and the supplier conspired to defraud...more

FERC Has Options If Court Of Appeals Seeks To Shut Down An Operating Interstate Pipeline

by Pierce Atwood LLP on

Can an interstate natural gas pipeline continue to operate if a court vacates its certificate authorizations? On January 31, 2018, in Sierra Club v. FERC, No. 16-1329 (D.C. Cir.), the United States Court of Appeals for the...more

Ninth Circuit Denies Without Prejudice, Government’s Mandamus Petition to Stop the Oregon Climate Change Case Brought by Minors

Today the U.S. Court of Appeals for the Ninth Circuit issued its opinion in In re United States of America. As summarized by the Ninth Circuit, “twenty one young plaintiffs” filed a complaint in the Portland, OR federal...more

Round One Goes to Roundup: Court Temporarily Enjoins Proposition 65 Warnings for Glyphosate and Glyphosate Residues in Foods

by Morrison & Foerster LLP on

Last Monday, February 26, 2018, a federal judge temporarily barred California from requiring cancer warnings on products that contain detectable amounts of glyphosate—the main ingredient in Monsanto’s flagship herbicide...more

Prop 65 Preliminary Injunction and “Fake News”

A recent Federal Court decision on the issue of whether to grant a preliminary injunction in the ongoing saga of the appropriateness of adding the pesticide Glyphosate to the CA Prop 65 list has become the grist for the “Fake...more

California Environmental Law & Policy Update - March 2018

by Allen Matkins on

Focus - U.S. Supreme Court lets stand EPA's permit exemption for water transfers - Reuters - Feb 26 The U.S. Supreme Court on Monday unanimously declined to review a challenge led by states and environmental groups to a...more

Sixth Circuit Vacates Nationwide WOTUS Rule Injunction

by Steptoe & Johnson PLLC on

As anticipated, the 6th Circuit Court of Appeals took the formal action of vacating its temporary injunction which had enjoined the enforcement of the Obama-era rule which redefined Waters of the United States (WOTUS)...more

Federal Common Law Controls California Climate Actions: Never a Dull Moment

Earlier this week, Judge William Alsup denied a motion by Oakland and San Francisco to remand their public nuisance claims against some of the world’s largest fossil fuel producers to state court. However, I’m not sure that...more

Can You Clear Me Now? Sixth District Upholds Santa Cruz County’s CEQA Categorical Exemption For Project To Install Microcell...

by Miller Starr Regalia on

In an opinion filed February 5 and later ordered published on February 27, 2018, the Sixth District Court of Appeal affirmed a judgment denying Aptos Residents Association’s (“ARA”) writ petition challenging Santa Cruz...more

California Water Board Lacks Jurisdiction to Curtail Water Use by Senior Water Rights Holders - Court Decision on California Water...

by Best Best & Krieger LLP on

The State Water Resources Control Board exceeded its jurisdictional authority under Water Code section 1052 when it issued curtailment notices to pre-1914 and riparian water rights holders, a Santa Clara County Superior Court...more

No parent company duty of care for Niger Delta claims

by Allen & Overy LLP on

The Court of Appeal has ruled that the English courts do not have jurisdiction over claims by victims of oil leaks from pipelines in the Niger Delta. The judgment comes after the Lungowe & ors v Vedanta Resources Plc [2017]...more

Ninth Circuit Orders EPA to Update Standards for Lead-Based Paint and Dust Hazards

by Beveridge & Diamond PC on

The Environmental Protection Agency (EPA) must propose an update of its lead-based paint and dust hazard standards by March 27, 2018, according to a court order. The current standards were promulgated in 2001, and have never...more

Waters of the United States: update on recent developments

So far, 2018 has produced a wave of legal developments in the water arena, each of which could affect when permits are required or how liability may arise for activities impacting US waters. The Supreme Court of the United...more

Common-Law Contamination Action/Oil and Gas Production: Was Landowner Required to Exhaust Administrative Remedies Before...

The United States District Court (Mississippi-Western Division) (“Court”) issued a February 16th Memorandum Opinion and Order (“Opinion”) addressing whether a landowner’s common-law contamination claim related to oil and gas...more

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