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Preemption › Environmental Liability

Eversheds Sutherland (US) LLP

Climate change litigation remains in state courts (for now)

Eversheds Sutherland (US) LLP on

Over the past decade or more, plaintiffs have sought to “hold companies accountable” for their supposed contributions to climate change. Having been rebuffed from bringing claims in federal court under federal common law,...more

Pillsbury - Gravel2Gavel Construction & Real...

CERCLA’s Statute Of Limitations Doesn’t Preempt State Law Claims Based Largely On Negligence, Nuisance And Trespass

Pillsbury - Gravel2Gavel Construction & Real... on

On March 9, the U.S. Court of Appeals for the Fourth Circuit issued a ruling affirming the District Court’s rejection of Virginia common law property damage claims based largely on negligence, nuisance, trespass, and argument...more

BakerHostetler

RE: Bakken Crude-by-Rail: Environmental Groups Ask New York State to Regulate DOT-111 Tank Cars

BakerHostetler on

A recent state-law challenge by environmental groups to an aspect of crude-by-rail transportation has teed up the question of federal supremacy over railroad regulation. Because federal law generally preempts state regulation...more

Foley Hoag LLP - Environmental Law

The Case For a Broad Pre-Emption Rule for CERCLA Contribution

Foley Hoag LLP - Environmental Law on

Although some of the proposed tax plans and budgets being discussed in this election year suggest that the same dollar can be counted and spent multiple times, a growing number of courts have held that CERCLA response costs...more

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