News & Analysis as of

Environmental Toxic Torts

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

Air Enforcement: Arkansas Department of Environmental Quality and Faulkner County, Arkansas Steel Tire Cord Manufacturing Facility...

The Arkansas Department of Environmental Quality and Tokusen U.S.A., Inc. (“TI”) entered into a November 13th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 17-099. The CAO...more

Asbestos Enforcement: Arkansas Department of Environmental Quality and Jonesboro, Arkansas Construction Firm Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Shannon Kee Construction, LLC (“SKC”) entered into a November 15th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control...more

Arkansas Advisory Committee on Petroleum Storage Tanks – December Meeting

As noted in previous blog posts, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks for certain corrective actions and third party damage claims due to a release of...more

Federal Criminal Enforcement: U.S. Department of Justice Announces Sentencing of Saltwater Disposal Well Operators for Alleged...

The United States Department of Justice (“DOJ”) announced in a November 27th news release that two saltwater disposal well operators had been sentenced in a Bismarck, North Dakota, Federal District Court for alleged Safe...more

Construction/Demolition Landfill Enforcement: Alabama Department of Environmental Management and Alabama Landfill Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Hyche Landfill, LLC (“HL”) entered into a Special Order by Consent (“Special Order”) addressing alleged violations of Alabama regulations related to landfill...more

The Sting of a Thousand Cuts - China Cleans Up its Act on the Environment

by Dorsey & Whitney LLP on

On October 18, 2017, President Xi Jinping, in a three and a half hour speech to the Party Congress emphasized that building an ecological civilization is necessary for the continued development of China. He chose his words...more

Oil Spill/Water Enforcement: Mississippi Commission on Environmental Quality and Vicksburg, Mississippi River Barge Operator Enter...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Magnolia Marine Transport (“MMT”) entered into a November 1st Agreed Order (“AO”) addressing alleged violation of a provision of the Mississippi Code addressing...more

Update on San Francisco Asbestos Trial Dates and Settlement Conference Process

by Selman Breitman LLP on

Judge Lee Going Back To "In-Person" MSC System For Preference And "Five Year" Cases - Judge Lee, the presiding judge of the San Francisco Asbestos Department, has indicated that asbestos cases up against the five year...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Pangburn, Arkansas Enter into Consent Administrative...

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Pangburn, Arkansas (“City”) entered into a Consent Administrative Order (“CAO”) addressing alleged Clean Water Act National Pollution Discharge...more

Voluntary Disclosure/Multi-Media Enforcement: U.S. Environmental Protection Agency and Clean Energy Production Company Enter into...

The United States Environmental Protection Agency (“EPA”) published a Notice in the Federal Register announcing a Consent Agreement (“CA”) with ENEL Green Power North America, Inc. (“EGP”) resolving alleged violations of...more

Medical Waste/OSHA Enforcement: Missouri Podiatry Clinic Cited for Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) cited Anderson Foot and Ankle Clinic (“AFAC”) for alleged violations of the hazard communication standard. AFAC is stated to be a Rolla, Missouri podiatry clinic....more

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Morrilton, Arkansas Facility Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Semco LLC (“Semco”) entered into an October 9th Consent Administrative Order (“CAO”) addressing an alleged of violation of Arkansas Pollution Control and Ecology...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and San Antonio, Texas Medical Facility Operator...

The United States Environmental Protection Agency (“EPA”) and Gastroenterology Consultants of San Antonio, P.A. (“GCS”) entered into a Consent Agreement and Final Order (“CA”) addressing alleged Resource Conservation and...more

Sixth Circuit Holds Safe Drinking Water Act Does Not Preempt Constitutional Claims

by Beveridge & Diamond PC on

The Sixth Circuit revived previously dismissed claims in the Flint water cases, clarifying where the Safe Drinking Water Act (SDWA) does not preempt § 1983 claims. Boler v. Earley, No. 16-1684 (6th Cir. July 28, 2017)....more

Mississippi Federal Court Denies Preliminary Injunction for Failure to Show Threat of Irreparable Harm

by Beveridge & Diamond PC on

In a case demonstrating limits to injunctive relief, in the environmental context a Mississippi federal court denied a request for a temporary restraining order because the plaintiff did not show he would suffer irreparable...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Macy's Retail Holdings, Inc. Enter into Settlement Agreement

The United States Environmental Protection Agency (“EPA”) announced that it entered into a settlement with Macy’s Retail Holdings, Inc., (“Macy’s”) in regards to alleged violations of the hazardous waste regulations....more

European Parliament Calls for Tougher Environmental Liability Rules

by Latham & Watkins LLP on

The Environmental Liability Directive (ELD) aims to prevent, remedy and/or compensate for environmental damage. ELD seeks to achieve this through the “polluter pays principle”, ensuring businesses are held legally and...more

Insured Survives Summary Judgment Motion on Three Pollution Exclusion Exceptions

by Beveridge & Diamond PC on

Illustrating how an insured can counter the insurer’s pollution exclusion arguments in coverage disputes, a federal court in Illinois held that an insured chemical company succeeded in raising genuine issues of material fact...more

Federal Court in California Greenlights Discovery After Sufficient Lone Pine Submissions

by Beveridge & Diamond PC on

In a case demonstrating the limits of a Lone Pine strategy, a California federal court allowed a toxic tort class action to proceed after plaintiffs’ experts showed that “Plaintiffs’ case is not meritless or frivolous.” The...more

Ohio Natural Resources Damages Claim Dismissed with Prejudice for Failure to Properly Serve Defendant

by Beveridge & Diamond PC on

Demonstrating the importance of timely service of process in complex environmental cases, a federal court in Ohio dismissed CERCLA natural resource damages claims and related state statutory actions for the state’s failure to...more

Property Ownership and Water Supply Sources Matter in PFOA Contamination Lawsuits

by Beveridge & Diamond PC on

Illustrating some limitations on common law claims for groundwater contamination, a federal court in New York partially granted and partially denied a motion to dismiss in a cluster of sixteen lawsuits alleging...more

Washington State’s Suit Against Monsanto Remanded to State Court

by Beveridge & Diamond PC on

Clarifying the application of a doctrine called “federal officer jurisdiction,” a federal judge in Washington held that the federal government’s actions involving procurement of polychlorinated biphenyls (PCBs) from Monsanto...more

PCB Nuisance Suits from Three California Cities Stayed Pending Administrative Decision

by Beveridge & Diamond PC on

Showing how administrative claims can derail coexistent judicial actions, a federal court in California asked three California cities to first exhaust their administrative claims seeking state compensation for the cities’...more

District Court Permits Landowner to Pursue Hazardous Material Dumping Case Against the U.S. Navy

by Beveridge & Diamond PC on

Illustrating what constitutes sufficient notice to the government of the value of a claim under the Federal Tort Claims Act (FTCA), a Maryland federal court rejected the Navy’s claim that it had insufficient notice of the...more

Pennsylvania Fails to Timely Reissue General Permit for Stormwater Discharges Associated with Construction Activities – After...

by McNees Wallace & Nurick LLC on

After December 7, 2017, new Pennsylvania land development projects that disturb in total over an acre of land will require an individual National Pollutant Discharge Elimination System (“NPDES’) permit. Although the...more

547 Results
|
View per page
Page: of 22
Cybersecurity

Follow Environmental Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.