News & Analysis as of

Contamination

Currents - Energy Industry Insights - May 2018 #3

Study Finds No Evidence of Groundwater Contamination Attributable to Natural Gas Development - "A multi-year study conducted by researchers at the University of Cincinnati, and partly funded by organizations opposed to...more

Construction/Debris Landfills: Illinois Attorney General Files Action Alleging Acceptance of Prohibited Waste

Illinois Attorney General Lisa Madigan announced in a news release that her office filed two lawsuits against the owner of two LaSalle County, Illinois, clean construction or debris demolition (“CCDD”) facilities. The...more

No Actual ‘Case or Controversy’ in Chromium Drinking Water Contamination Case

by Beveridge & Diamond PC on

Shutting down a creative attempt to recoup costs from the federal government for groundwater contamination, the U.S. Court of Federal Claims dismissed a one-billion-dollar inverse condemnation claim for lack of subject matter...more

Second Circuit Affirms Dismissal of Water Contamination Action as Untimely

by Beveridge & Diamond PC on

In a decision addressing the unique accrual issues arising in a groundwater contamination action, the Second Circuit affirmed a decision dismissing the Bethpage Water District’s (the “District”) action as untimely. Bethpage...more

Kentucky Federal Court Denies Class Cert to Environmental Exposure Plaintiffs

by Beveridge & Diamond PC on

In an opinion highlighting some of the barriers to class certification in an environmental contamination case, a Kentucky federal court denied class status to plaintiffs alleging damages from exposure to hazardous substances...more

The Oil and Gas Juror: Look for Both Familiarity and Contempt

You’ve heard the expression: “Familiarity breeds contempt.” Maybe there is a relationship between the two, but in the courtroom, and in the practical task of assessing experience and attitudes during voir dire, they are two...more

Ninth Circuit Finds District Court Sharply Deviated from Existing Authority on CERCLA Cleanup Costs Between Military Contractor...

TDY Holdings v. United States, et al., 872 F.3d 1004 (9th Cir. 2017) - TDY brought suit for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the U.S. government...more

Important Environmental Insurance Ruling Issued In Protracted Insurance-Coverage Dispute

The latest ruling in the long-running environmental insurance case, Olin Corporation v. Lamorak Ins. Co., was released on April 18, 2018, by Judge Rakoff of the U.S. District Court of the Northern District of New York. Judge...more

Tenants Gain Broader Liability Protection Under CERCLA

by McGuireWoods LLP on

Buried in the 800-plus pages of the Consolidated Appropriations Act, 2018, is a change broadening the bona fide prospective purchaser (BFPP) defense for tenants under the Comprehensive Environmental Response, Compensation and...more

Endangered Rivers: American Rivers Announces 2018 List

The environmental organization American Rivers has released its annual report demoninated America’s Most Endangered Rivers 2018 (“List”). The organization American Rivers was founded in 1973 and is headquartered in...more

Resources for Doing Business in the United States - Installment #11- Environmental Protection

by Garvey Schubert Barer on

Foreign clients investing in the U.S. know there are risks of litigation and conflict that they might not anticipate when conducting business at home. One area, however, that is usually a particularly rude surprise are the...more

New York High Court Rules on “Unavailability Exception” to Pro Rata Allocation in Long-Tail Environmental Coverage Case

by Beveridge & Diamond PC on

The New York Court of Appeals ruled last week that if an insurance policy provides for pro rata allocation to determine the insurance coverage responsibility for environmental contamination spanning multiple policy periods,...more

EDNY Decision Shows Breadth of Fraud Restitution Recoverable By Hospital For Mold-Contaminated Intravenous Bags

by Farrell Fritz, P.C. on

A hospital victimized by the sale of adulterated and mislabeled drug products successful obtained a Court order imposing restitution of over $825,000 earlier this month. ...more

California Environmental Law & Policy Update - March 2018 #4

by Allen Matkins on

Focus - San Diego regional water board issues tentative order requiring federal agency to investigate cross-border contamination - The San Diego Union-Tribune - Mar 20 - The San Diego Regional Water Quality Control...more

Long-Term Lead and Copper Rule Federalism Consultation: Association of State Drinking Water Administrator's Comments

The Association of State Drinking Water Administrator’s (“ASDWA”) submitted March 8th comments to the United States Environmental Protection Agency (“EPA”) on the Lead and Copper in Drinking Water Rule (“LCR”). The EPA is...more

Regulatory Challenges Posed by Emerging Contaminants

by WilmerHale on

Awareness of the presence of contaminants of emerging concern (a.k.a. emerging contaminants) in public and private water supplies around the country has become a considerable focus of public officials and the general public....more

Water District’s VOC Claims Time Barred

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

Coal Combustion Residuals: U.S. Environmental Protection Agency Proposed Rule

The United States Environmental Protection Agency (“EPA”) issued on March 1st a pre-publication version of a proposed rule that would amend the regulations for the disposal of coal combustion residuals (“CCR”) from electric...more

Water Enforcement: Missouri Department of Natural Resources Notice/Order to Pay Administrative Penalties to Springfield, Missouri...

The Missouri Department of Natural Resources (“MDNR”) issued a Notice and Order to Pay Administrative Penalties (“Order”) to Mid-State’s Recycling LLC (“MSR”) for alleged violations of the Missouri Clean Water Law. See Order...more

Food & Beverage Litigation Update | March 2018

GMA Conference Panels Explore Trends in Class Actions, Organic Production - Litigation, increasing online grocery shopping and consumer concerns regarding product ingredients were hot topics at the 2018 Grocery...more

West Coast “Super Tort” PCB Suits Have Staying Power

by Beveridge & Diamond PC on

Public nuisance theories are increasingly being pursued against product manufacturers and distributors. Actions filed over the past three years by West Coast municipalities and states against PCB-manufacturer Monsanto have...more

Water Enforcement: Mississippi Commission on Environmental Quality and Biloxi, Mississippi Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality and Waring Oil Company, LLC (“Waring”) entered into a January 18th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Code related to the release of...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Joseph Siegelman Declares Candidacy for Alabama Attorney General- Democrat Joseph Siegelman, a Birmingham personal injury attorney and the son of former Alabama governor Don Siegelman, announced...more

Ninth Circuit Decision Expands CWA to Indirect Discharges to Navigable Water

by Snell & Wilmer on

On February 1, 2018, the 9th Circuit issued its ruling in Hawai’i Wildlife Fund v. County of Maui that expands coverage under the Federal Clean Water Act (CWA) to discharges of contaminants to groundwater that travel through...more

Dispute Over Lead Testing in School Drinking Water Continues - State Water Resources Control Board Says It Will Enforce Permit...

by Best Best & Krieger LLP on

In January, the State Water Resources Control Board adopted an amendment to domestic water supply permits, requiring water suppliers to test public and private school drinking water at the request of school officials. The...more

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