News & Analysis as of

Motion to Dismiss Comprehensive Environmental Response, Compensation and Liability Act

Dechert LLP

Dechert Re:Torts - Issue 15

Dechert LLP on

Previous editions of Re:Torts (It’s (Still) Important Enough to Get It Right; Opioid Public Nuisance Question) have covered decisions that addressed whether various states permit public nuisance claims in connection with the...more

Mintz

The DoD has played a card that only it has in the AFFF litigation but it won't get it out of PFAS purgatory

Mintz on

Lara Beaven, of Inside PFAS Policy, has an excellent report on the Defense Department's motion to dismiss claims for injunctive relief against the military in the AFFF multi-district litigation continuing before Federal...more

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

CERCLA Cost Recovery: Federal Court Addresses Whether Municipality's Urban Renewal Activities Potentially Constitute Arranger...

A United States District Court (New Hampshire) addressed in an October 13th Order an issue arising out of a Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) cost recovery action. See Banfield...more

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

Cathode Ray Tubes/Warehouse: Federal Court Addresses Superfund Corporate Veil Piercing Issue

The United States District Court for the Southern District of Ohio (“Court”) addressed in a November 13th Order an issue arising out of a Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) or...more

Harris Beach PLLC

Recent CERCLA Decisions in New York State Highlight Strict Pleading Standard

Harris Beach PLLC on

Two recent decisions in New York state’s federal courts granted defendants’ motions to dismiss based on inadequately pled allegations, highlighting the strict pleading standard of the Comprehensive Environmental Response,...more

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

CERCLA/RCRA Cost Recovery Action: U.S. District Court Addresses Potential Liability of an Individual

The United States District Court for the Eastern District of California (“Court”) addressed in a November 16th Memorandum and Order (“Order”) the liability of an individual under certain federal and state environmental...more

Beveridge & Diamond PC

Recent PFAS Case Law – RCRA, CERCLA and Toxic Tort Claims

Beveridge & Diamond PC on

A new class of emerging contaminants poses challenges at remediation sites and for the protection of drinking water, and is generating new toxic tort litigation. Per- and polyfluoroalkyl substances (PFAS) are emerging...more

Davis Wright Tremaine LLP

Ninth Circuit Rejects Application of CERCLA to Aerial Emissions

In the long-running saga of efforts by the State of Washington and the Confederated Tribes of the Colville Reservation to attach CERCLA liability to a smelter in British Columbia, the smelter owner, Teck Industries, won a...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more

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