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Jurisdiction Strict Liability

Butler Snow LLP

Supreme Court’s Grant of Certiorari Could Signal Change in Scope of Review for Remand Orders to State Courts

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The removal of a state court action to federal court is often conceptualized in the context of 28 U.S.C. § 1441, where, but for the plaintiff’s choice of venue, the matter could have been filed in federal court pursuant to...more

(ACOEL) | American College of Environmental...

EPA Is The CERCLA Gatekeeper: Plaintiffs Need EPA Approval To Seek State Court Damages For Restoration

Landowners seeking restoration damages in state courts, at sites where there is a cleanup remedy previously selected by EPA, may pursue such claims only if they first obtain EPA approval for the proposed restoration work....more

Troutman Pepper

State Law Claims and CERCLA Remedial Actions: Making the Best of a Bad Decision

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The U.S. Supreme Court recently announced a landmark decision under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Act), also known as the Superfund program. In the case of Atlantic...more

Holland & Knight LLP

Environmental Due Diligence in the Wake of Atlantic Richfield

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The U.S. Supreme Court's decision in Atlantic Richfield Co. v. Christian (Slip Op. No. 17-1498) confirmed the broad statutory definition of "Potentially Responsible Party" (PRP) under the Comprehensive Environmental Response,...more

Holland & Knight LLP

Supreme Court's Decision in Atlantic Richfield: Tip of the Iceberg or Tempest in a Teapot?

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In Atlantic Richfield Company v. Christian, a decision issued on April 20, 2020, the U.S. Supreme Court decided that state courts may hear state common law claims seeking to compel remediation beyond what the U.S....more

Schwabe, Williamson & Wyatt PC

With EPA Approval, Landowners May Bring State Law Claims for Remedial Action in Addition to Ongoing Superfund Cleanup

Last month, the U.S. Supreme Court determined that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preclude Montana residents from bringing state common law claims to recover the...more

Williams Mullen

Supreme Court Ruling Creates CERCLA Uncertainty

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The United States Supreme Court recently decided a case that will create considerable uncertainty for companies involved with cleanups under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA,...more

Allen Matkins

SCOTUS: Landowners’ State Law Claims for Additional Cleanup Costs Can Proceed in State Court, But Additional Cleanup Must Be...

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On April 20, 2020, the U.S. Supreme Court issued its long-anticipated opinion in Atlantic Richfield Company v. Christian (No. 17-1498), holding that landowners whose properties are contaminated by neighboring Superfund sites...more

Jones Day

U.S. Supreme Court Permits State Law Claims for Restoration Damages at Superfund Sites

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The Situation: The U.S. Supreme Court recently considered, in Atlantic Richfield Co. v. Christian, whether the Comprehensive Environmental Response, Compensation and Recovery Act ("CERCLA") deprives Montana state courts of...more

Blank Rome LLP

The Supremes Weigh in on Superfund and the Clean Water Act

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Notwithstanding that the Comprehensive Environmental Response, Compensation, and Liability Act (more commonly known as “Superfund”) has been around for 40 years, and the fact that numerous cases have made their way to the...more

Perkins Coie

U.S. Supreme Court Limits Use of Tort Claims By Affected Homeowners at Superfund Sites

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The U.S. Supreme Court stepped into the long-simmering debate about the rights of residential homeowners affected by Superfund response actions, ruling that they are indeed bound by the federal statute’s ban against...more

Greenberg Glusker LLP

Atlantic Richfield Co. v. Christian – Perpetuating the Cycle of Supreme Court Environmental Law Decisions that Spark Litigation...

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The U.S. Supreme Court has a history of rendering muddled decisions when interpreting key environmental statutes, and with its decision in Atlantic Richfield Co. v. Christian et al., history repeats itself....more

Jackson Walker

Supreme Court Allows “PRP” Landowners to Bring State Common Law Claims at Superfund Cleanup Site

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In Atlantic Richfield Co. v. Christian, the United States Supreme Court recently held that a state court had jurisdiction over landowners’ state common law claims against Atlantic Richfield Company related to the Anaconda...more

Beveridge & Diamond PC

Supreme Court Rules that Landowners at a CERCLA Site Cannot Require Additional Cleanup under State Law without Advance EPA...

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Summary - Private landowners at a federal Superfund site cannot use state law claims to require additional remediation without advance EPA approval, based on a limitation in the Comprehensive Environmental Response,...more

Downey Brand LLP

U.S. Supreme Court Preserves Potential State Court Superfund Site Claims – But Remedial Actions Requires EPA Approval

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On Monday, the U.S. Supreme Court handed down a near unanimous decision in Atlantic Richfield Co. v. Christian which involves a group of landowners’ attempt to fashion their own clean-up remedies under state law at a...more

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

CERCLA/Superfund: U.S. Supreme Court Addresses State Court Jurisdiction/Restoration Plan Issues

The United States Supreme Court (“SCT”) addressed in an April 20th Opinion two issues arising under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA or Superfund”) that include...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Atlantic Richfield Co. v. Christian

On April 20, 2020, the U.S. Supreme Court decided Atlantic Richfield Co. v. Christian holding that CERCLA does not strip state courts of jurisdiction to hear state-law claims brought by landowners seeking remediation of...more

Seyfarth Shaw LLP

SCOTUS Holds Common Law Claims Seeking Restoration Require EPA’s Approval if CERCLA Remediation is Ongoing

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Seyfarth Synopsis: Consider this hypothetical. Acme Company’s historic operations has contaminated its property and those of its adjacent neighbors. Acme is undertaking a CERCLA remedy under the oversight of U.S. EPA which...more

Orrick - On the Chain

Cryptocurrency and OFAC: Beware of the Sanctions Risks

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A recent federal criminal action shows the depth of the U.S. government’s concern about the use of cryptocurrency (or virtual currency) to violate economic sanctions laws and the lengths to which it will go to charge such...more

Troutman Pepper

Chambers Global Practice Guide: Product Liability & Safety

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1. Product Safety - 1.1 Legal Framework - The main laws and regulations governing product safety in the United States include: The Consumer Product Safety Act of 1972, 15 U.S.C. § 2051 et seq, created the Consumer...more

Steptoe & Johnson PLLC

WV Supreme Court Kicks Failure to Warn Case Under Michigan Law

The West Virginia Supreme Court of Appeals recently upheld the Mass Litigation Panel’s grant of summary judgment against a class of Plaintiffs alleging birth defects resulting from the use of prescription medicine in...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions - SC19232 - Izzarelli v. R.J. Reynolds Tobacco Co. - Plaintiff obtained a judgment against a tobacco company upon a claim that it put in additives and manipulated the nicotine...more

Pullman & Comley, LLC

Appellate Court Notes - Week ending March 24

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SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more

Pullman & Comley, LLC

Appellate Court Notes - Week of December 23

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AC34963 - Compassionate Care, Inc. v. Travelers Indemnity Co. - The plaintiff was in the business of maintaining a list of nurses it referred out, as needed, to hospitals and nursing homes. It did background checks on...more

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