As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings....more
In a decision with potential far-reaching implications, the Sixth Circuit federal appeals court this week preserved a witness’s right against self-incrimination at trial in a civil case where deposition testimony had...more
The toughest question I ever got in Flint was in a church basement on the north side of town. At the time, I was heading up the EPA Region 5 response to the drinking water crisis. A mother asked me simply, “if we know lead is...more
Welcome to the fall edition of the Class Action & MDL Roundup, covering significant decisions and settlements from the third quarter of 2020. In this edition, cosmetics get reused, garbage stinks to high heaven (at least...more
As the end of summer approaches, the courts have provided a potpourri of relevant environmental decisions. FEDERAL COURTS OF APPEAL - Town of Weymouth, et al. v. Massachusetts Department of Environmental Protection (MDEP) -...more
The U.S. Environmental Protection Agency (EPA) is not immune from negligence claims that would “eviscerate” liability under the Federal Tort Claims Act (FTCA). So says United States District Judge Judith E. Levy in her...more
The last few weeks have yielded a number of interesting developments in the Federal courts. FEDERAL COURTS OF APPEAL - In re Flint Water Cases - Several local and State of Michigan officials, including the former governor,...more
Welcome to our first Product Lines issue of 2020. Product Lines is our quarterly e-newsletter that focuses on toxic torts and product liability issues. For this edition, we are reporting on several important and timely...more
In Guertin v. State of Michigan, the Sixth Circuit held that officials responsible for the decision to change Flint, Michigan’s water supply, leading to lead-contamination of water is not protected by qualified immunity. The...more
In what the Court of Appeals describes as “the infamous government-created environmental disaster known at the Flint Water Crisis,” a panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that some of the...more
Stemming from the recent drinking water crisis in Flint, Michigan, which has had life-lasting effects for many of its residents, including children, due to unsafe lead-related toxicity levels in the drinking water, New York...more
A statute, distilled to its essence, is thought conveyed through words. And when those words are understandable and coherently arranged, there’s nothing for courts to do when adjudicating disputes involving them, other than...more
On December 20, 2016, Michigan’s Attorney General announced additional indictments in the Flint water crisis. The indictments against two former emergency managers and two former City of Flint executives bring to 13 the...more
Last month, in a strong display of bipartisanship in an otherwise tense post-election political climate, Congress passed the Water Infrastructure Improvements for the Nation Act (“WIIN” or the “Act”). President Obama signed...more
The President has signed the Water Infrastructure Improvements for the Nation (WIIN) Act, which was passed by the House and Senate earlier this month. The WIIN Act legislation was originally called the Water Resources...more
It’s been a productive time for advocates of water in the U.S. with President Obama signing into law the Water Infrastructure Improvements for the Nation Act (WIIN). WIIN includes the Water Resources Development Act of 2016...more
Presenting America’s Top Safety and Justice Stories of 2016 - Are you making all those lists and checking them twice? Gifts? Holiday cards? Party invitations? New Year’s resolutions? Well, here’s one more for you...more
On November 16, 2016, the Sixth Circuit held that a state law professional negligence class action against civil engineering companies arising out of the Flint, Michigan water crisis must be litigated in Michigan state court....more