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General Business Environmental Civil Procedure

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

English Court of Appeal Rejects UK Parent Company Duty of Care to Those Affected by Pipeline Operations of Nigerian Subsidiary

by King & Spalding on

In a decision likely to give comfort to parent energy companies, the English Court of Appeal has confirmed (by a majority of 2:1) that the parent company of the Shell Group owed no duty of care to approximately 42,500...more

Looking Forward: Canadian Class Actions in 2018

by Bennett Jones LLP on

The past year saw another flurry of Canadian class action activity. Courts across the country rendered significant decisions that should give companies doing business in Canada cause for both concern and optimism. While the...more

Prop 65 Victory For Defendants – Defendants Are Entitled To Have Their Cases Heard In the County Where the Claim Arose

Prop 65 Plaintiffs routinely file most Prop 65 cases in Alameda County, presumably because they believe it is a plaintiff-friendly forum. However, the California Court of Appeal recently issued a victory for Prop 65...more

Hydraulic Fracturing Services: New York Appellate Court Addresses Request to Dismiss Common-Law Indemnification Claim

The Supreme Court of the State of New York (Appellate Division)(“Court”) in a December 22, 2017, Memorandum and Order (“Order”) addressed whether a lower court erred in failing to dismiss a third-party claimant’s...more

Solar Test Case Heads to North Carolina Supreme Court

The North Carolina Waste Awareness and Reduction Network (NC WARN), a Durham, North Carolina based activist group, has filed an appeal of a North Carolina Court of Appeals decision upholding the North Carolina Utilities...more

Whiskey Aging Emissions: Supreme Court of Kentucky Addresses Whether Clean Air Act Preempts Common Law Claims

The Supreme Court of Kentucky addressed whether common law claims filed related to air emissions were preempted by the Clean Air Act. See Brown-Forman Corporation and Heaven Hill Distilleries, Inc. v. Miller, 2017. The...more

California Lead Paint Decision Opens Door for Expanded Public Nuisance Suits

by Beveridge & Diamond PC on

A California appeals court has breathed new life into the public nuisance doctrine, largely affirming a more than $1 billion trial court judgment against certain manufacturers of lead paint on the grounds that they knowingly...more

Washington Supreme Court Reaffirms that Pollution Exclusions Do Not Bar Insurance Coverage Where Negligence Is the Primary Cause...

by Beveridge & Diamond PC on

On August 17, 2017, the Washington Supreme Court declined to reconsider its recent landmark ruling in Xia v. ProBuilders Specialty Insurance Co. RRG, 393 P.3d 748 (Wash. 2017), that an absolute pollution exclusion in an...more

You Can’t Do That! DC Circuit Vacates EPA’s HFCs Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Businesses and industries that had been impacted by the EPA’s HFCs rule may wish to monitor EPA’s response to this opinion carefully....more

Chemical Safety Rule Delay Challenged in D.C. Circuit

by Burr & Forman on

Attorneys General for eleven states filed a challenge in the U.S. Circuit Court of Appeals for the District of Columbia seeking to vacate a recently announced 2-year delay in implementation of chemical safety rules. ...more

Court Overturns Much of EPA’s 2015 Definition of Solid Waste Rule

by Hogan Lovells on

On July 7, 2017, the United States Court of Appeals for the District of Columbia Circuit dealt EPA another blow to its over-zealous attempts to regulate as hazardous waste the hazardous secondary materials (HSM) that are...more

FRANCHISOR 101: Donut Franchise Relationship Dissected by Court

by Lewitt Hackman on

The parent of Dunkin' Donuts was named along with Starbucks and about 80 other coffee sellers, distributors and retailers in a 2010 lawsuit alleging violations of California's Proposition 65 and Safe Drinking Water and Toxic...more

Federal Court Dismisses Some of Seattle’s PCB Tort Claims

by Beveridge & Diamond PC on

In a blow to the efforts of municipal plaintiffs to pursue environmental damages through product liability theories, a Washington federal court granted Monsanto’s motion to dismiss Seattle’s design defect and failure to warn...more

District Court Confirms Arbitral Award Against Venezuela In Dispute Over Gold Deposits Contract

by Carlton Fields on

A federal district court in Washington, D.C. recently confirmed a $1.2 billion arbitral award in favor of Crystallex International Corp. against Venezuela after the country’s Ministry of Environment denied a necessary permit...more

VW's $4.3BN Plea to Obstruction for Botched Litigation Hold

by Burr & Forman on

One of three counts in Volkswagen’s recent $4.3 billion guilty-plea was for obstruction of justice arising from a litigation-hold botched by house counsel. As VW prepared to admit the defeat-device problems to US...more

California Federal Court Holds that U.S. Securities Laws Apply to Sponsored, Unlisted ADRs

The U.S. District Court for the Northern District of California held on January 4, 2017 that the federal securities laws apply to U.S. transactions in sponsored, but unlisted, American Depositary Receipts (“ADRs”) for a...more

New Mexico Department of Game and Fish Challenges U.S Fish and Wildlife’s Release of Mexican Wolves

by Nossaman LLP on

Pending before the U.S. Court of Appeals for the Tenth Circuit is the U.S. Fish and Wildlife Service’s (“Service”) appeal from a district court decision enjoining the Service from releasing Mexican wolves into New Mexico...more

Court Awards $206 Million to Alta Wind Projects in Section 1603 Grant Litigation; Smaller Award to Biomass Facility

by McDermott Will & Emery on

The US Court of Federal Claims awarded damages of more than $206 million to Plaintiffs/applicants in a case with respect to the cash grant under Section 1603 of the American Recovery and Reinvestment Act of 2009 (Public Law...more

DC Circuit Denies Sierra Club Appeal of FERC Authorization of Two LNG Facilities

by Shearman & Sterling LLP on

Since 2012, the major opponent of new large-scale liquefied natural gas (LNG) export projects has been the Sierra Club. The Sierra Club has adopted a two-pronged approach in its opposition to LNG exports projects, opposing...more

In Indiana, an Absolute Pollution Exclusion May Exclude Absolutely Nothing

by Carlton Fields on

A recent article in the Sports section of The Miami Herald read “Shooting coach helps Winslow.” Perhaps, but it probably didn’t help the coach much. The admonition to “eat every carrot and pea on your plate” undoubtedly...more

Despite Pollution Exclusion, Insurer On Hook for Contamination in Indiana

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Northern District of Indiana rejected the insurer’s assertion that its pollution exclusion clauses unambiguously included all contaminants. Indiana, unlike other jurisdictions, is pro-insured when...more

Aerial Emissions Are Not “Disposal” Under CERCLA

Last year, we told you about a district court case in which air emissions from a lead smelter that ultimately settled on the land and in a water body gave rise to liability under the Comprehensive Environmental Response,...more

Colorado Court Applies Notice-Prejudice Rule to Pollution Buy-Back Endorsement

In its recent decision in MarkWest Energy Partners, L.P. v. Zurich American Insurance Co., 2016 Colo. App. LEXIS 956 (Colo. App. July 14, 2016), the Court of Appeals of Colorado had occasion to consider whether Colorado’s...more

Federal Court Dismisses Claims Against Third-Party Administrator

by Carlton Fields on

The Indiana Department of Environmental Management and the Environmental Protection Agency brought certain enforcement actions against Hartford Iron & Metal, Inc. to remediate alleged environmental damage at a scrapyard run...more

Volkswagen Class Action Update

by Downs Rachlin Martin PLLC on

Proposed settlement filed in Volkswagen class action - The class plaintiffs, the government and VW filed a proposed settlement agreement in court yesterday. I wanted to provide you with a copy of the proposed settlement...more

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