News & Analysis as of

Preemption Contamination

Baker Donelson

Poison and Preemption: U.S. Supreme Court Considers Common Law Claims and CERCLA Remedies

Baker Donelson on

The Anaconda Smelter served southwestern Montana's mining industry for almost one hundred years before its closure in 1980. Today, the 585-foot "Big Stack" remains as one of the largest free-standing masonry structures in the...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin l June 2019

LEGISLATION, REGULATIONS & STANDARDS - FDA Study Finds Sunscreen is Absorbed into Bloodstream - JAMA has published a study conducted by researchers at the U.S. Food and Drug Administration (FDA) Center for Drug...more

Beveridge & Diamond PC

New Mexico Federal Court Allows Tort Claims Against EPA Contractor in Gold King Mine Release

Beveridge & Diamond PC on

Highlighting limits on pre-trial motions arguing CERCLA preemption of state common law claims, a New Mexico federal court denied a motion to dismiss plaintiffs’ tort claims arising from a 2015 release of impounded water from...more

Beveridge & Diamond PC

Toxic Tort & Product Liability Quarterly Vol. 9, No. 4, December 2016

Beveridge & Diamond PC on

DC High Court Adopts Daubert Approach to Expert Testimony - In a direct victory for mobile phone manufacturers and service providers, and with implications for any other case involving expert testimony in the District of...more

Allen Matkins

California Environmental Law & Policy Update - August 2016 #4

Allen Matkins on

Environmental and Policy Focus - Lawmakers and Governor Brown claim major victory on climate change bills - Sacramento Bee - Aug 24 - California lawmakers on Wednesday advanced a pair of bills to sustain the...more

Pierce Atwood LLP

EPA's New Solvent Wiper Rule Wipes Out Maine's Policy

Pierce Atwood LLP on

For many years, both the U.S. Environmental Protection Agency (EPA) and the State of Maine Department of Environmental Protection (DEP) have wrestled with the practical question of how solvent-contaminated wipes should be...more

BakerHostetler

CERCLA Preempts State-Law Claims Arising Out Of Petroleum Contamination

BakerHostetler on

In what appears to be a first, a federal district court has held that the “Petroleum Exclusion” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) preempts state-law contribution claims...more

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