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Hazardous Substances Strict Liability

Searcy Denney Scarola Barnhart & Shipley

Does Strict Liability Apply When You’re Injured by Exposure to Toxic Chemicals?

It is becoming almost impossible to avoid being exposed to multiple different chemicals on a daily basis. Companies use them to make their environments look and smell cleaner, to keep pests away, and to save time in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Tank Rupture/Hazardous Materials Transportation Act: Federal Court Addresses Whether State Law Claims for Negligence/Strict...

The United States Court of Appeals for the Second Circuit (“Second Circuit”) addressed in an August 24th Opinion whether the federal Hazardous Materials Transportation Act (“HMTA”) preempted certain state tort law claims in...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Playing Hooky And Cleanup Costs

This week, the Court considers a public employee’s claimed First Amendment right to speak about an investigation into his misconduct, and whether a prior action for contribution under the Comprehensive Environmental Response,...more

Goldberg Segalla

PFAS ALERT: What Happens in California Won’t Likely Stay in California

Goldberg Segalla on

In what has been earmarked as the largest government enforcement PFAS action to date, California’s attorney general last month filed an historic lawsuit against more than a dozen per-and polyfluoroalkyl substance (PFAS)...more

Flaster Greenberg PC

Federal Judge’s Comments In Willow Grove PFAS Case Suggest Time May Be Approaching When Pennsylvania (And Other States) Will...

Flaster Greenberg PC on

Last week, Law360 reported on a hearing that occurred in the Federal District Court for Eastern Pennsylvania before Judge Gerald Pappert concerning PFAS. The hearing concerned a motion to dismiss brought by the United States...more

Holland & Knight LLP

EPA Releases Updated CERCLA Common Elements Guide - Enforcement Discretion Guidance Provides Important Direction on Landowner...

Holland & Knight LLP on

• The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes strict, joint and several, retroactive liability on property owners and operators for releases of hazardous substances. However,...more

Downs Rachlin Martin PLLC

Vermont Legislative Update 04-12-2019 - An analysis from DRM's Government & Public Affairs Team

PFAS bill progresses - The House Natural Resources Committee finished deliberation this week on S.49, a bill that grants the Agency of Natural Resources more discretion in setting the maximum contaminant level for PFAS...more

Mitchell, Williams, Selig, Gates & Woodyard,...

CERCLA Liability: Federal Appellate Court Addresses Whether Current Owner Can Be Responsible for Pre-acquisition Cleanup Costs

The United States Court of Appeals for the Third Circuit (“Court”) addressed in an October 5th opinion a Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) liability issue. See Pa. Dep’t of Envtl,...more

Seyfarth Shaw LLP

Sixth Circuit Holds Class Certification On Issues Is Appropriate In Toxic Tort Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant...more

Beveridge & Diamond PC

Vermont House of Representatives to Consider Pair of Sweeping Toxic Tort Liability Bills

Beveridge & Diamond PC on

On March 21, 2018, the Vermont Senate approved S.197, a bill that (1) establishes strict liability, jointly and severally, for any person who releases a toxic substance and (2) creates a private right of action for medical...more

Blank Rome LLP

New Jersey’s Appellate Division Holds State May Be Liable for Cleanup Costs under New Jersey’s Spill Act

Blank Rome LLP on

Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more

Kelley Drye & Warren LLP

Fish & Wildlife Service Issues Notice of Intent to Regulate Incidental Take of Migratory Birds

On May 26, 2015, the U.S. Fish and Wildlife Service (“FWS”) published a notice of its intent to evaluate potential ways to regulate incidental takes of migratory birds under the Migratory Bird Treaty Act (“MBTA”). The Notice...more

Foley Hoag LLP - Environmental Law

CERCLA’s Broad Sweep of Liability For Owners

Some decisions are valuable not because they make new law but because they reaffirm well known principles of law. City of Banning v. Dureau is one such decision. There, a federal district court in California ruled that an...more

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