
Subscribe for updates
Recent Posts
- Tenth Circuit Applies Statute of Limitations That Is “Closest Fit” in CERCLA Action, Overrules Earlier Precedent
- New Jersey Weighs in on State Climate Tort Claims
- First Circuit Holds that Smelling Vehicle Exhaust Constitutes Injury-in-Fact under Clean Air Act
- Ninth Circuit Upholds Vacatur of Some Oil and Gas Leases
- Court Dismisses Microplastics Consumer Protection Suit Citing Federal Preemption
Topics
- NJDEP
- Connecticut
- Pollutants
- Federal Land Policy and Management Act
- Agency Action
- Loper Bright
- Council on Environmental Quality
- Public Trust Doctrine
- New Jersey Civil Rights Act
- Title VI
- Environmental Justice
- Disparate Impact
- Massachusetts
- Evidence
- Internal Investigation
- Citizens Suit
- Federal Insecticide, Fungicide, and Rodenticide Act
- Georgia
- FIFRA
- Major Questions Doctrine
- Lead Paint
- Greenwashing
- Good Faith Settlement
- Federal Facilities
- Statutory Notice
- Oil Pollution Act
- Federal Jurisdiction
- Owner Liability
- Court of Federal Claims
- Ripeness
- Renewable Fuel Standard
- Fish and Wildlife Service
- Greenhouse Gas
- Refinery
- Alaska
- Florida
- National Priorities List
- Vapor Intrusion
- Solvents
- Price-Anderson Act
- Solid Waste Management Act
- Personal Jurisdiction
- Successor Liability
- Operator Liability
- Potentially Responsible Parties
- Federal Circuit
- Environmental Covenants
- Apportionment
- Divisibility
- National Contingency Plan
- Strict Liability
- Water Pollution Control Act
- Utilities
- Public Utilities Commission
- Historic Resources
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Arbitration
- Alternative Dispute Resolution
- Climate Change
- Auer Deference
- Fees
- Commonwealth Court
- West Virginia
- Forest Service
- TSCA
- Martime
- Asbestos
- Gold King Mine
- Utah
- Federal Tort Claims Act
- New Mexico
- Tribal Lands
- Delaware
- Delaware Department of Natural Resources and Environmental Control
- FERC
- National Forest Management Act
- United States Supreme Court
- Chevron Deference
- Endangered Species Act
- HSCA
- Corporate Veil
- Alter Ego
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- First Circuit
- Property Damage
- PCBs
- Building Materials
- Groundwater
- Natural Resource Damages
- Brownfield
- Innocent Party
- Brownfields
- Environmental Rights Amendment
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- FOIA
- Effluents
- Sediment Sites
- EHB
- Pipelines
- Texas
- Missouri
- Injunction
- Coal Ash
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Drinking Water
- Michigan
- North Carolina
- Bankruptcy
- Hearing Board
- Civil Penalties
- Clean Streams Law
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Damages
- Property Value
- Stigma
- Fair Market Value
- Tax assessment
- Storage Tank
- Indemnification
- Energy
- Fifth Circuit
- Electric
- Arizona
- Ninth Circuit
- OPRA
- Attorney-Client
- Iowa
- Discovery Rule
- Fourth Circuit
- Eighth Circuit
- Administrative Appeals
- Taxes
- Preemption
- CAFA
- Residential
- Inspection
- Freshwater Wetlands Protect Act
- New York
- Natural Gas Act
- Federal Energy Regulatory Commission
- Pennsylvania Department of Environmental Protection
- Mercury
- Hazardous Air Pollutants
- HAPs
- D.C. Circuit
- Takings
- Condemnation
- Storage
- Natural Gas
- Takings Clause
- Flooding
- Fifth Amendment
- Causation
- Spill Act
- NEPA
- Interior
- Mineral Leasing Act
- Tenth Circuit
- California
- Zoning
- Act 13
- Duty to Defend
- Insurance Coverage
- Eminent Domain
- Landfill
- Private Right of Action
- Sixth Circuit
- Water
- Illinois
- Citizen Suit
- Diligent Prosecution
- Subject Matter Jurisdiction
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Equal-Footing Doctrine
- Riverbed
- Navigability
- Montana
- Seventh Circuit
- Indiana
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Laches
- Boiler MACT
- Delay Notice
- Rulemaking
- Equity
- CISWI
- Consent Decree
- Enforcement
- EPA
- Second Circuit
- Contribution
- Declaratory Relief
- Standing
- NPDES
- Procedure
- Medical Monitoring
- Dimock
- Case Update
- Legislation
- Contamination
- Louisiana
- Dukes
- Certification
- CLE
- Cases to Watch
- Privilege
- Decisions of Note
- Expert Witness
- Discovery
- Work Product
- Insurance
- Defense Costs
- Cost Recovery
- CERCLA
- Real Estate
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Rapanos
- Donovan
- Army Corps
- Kentucky
- Trespass
- Farming
- Odors
- Nuisance
- Class Actions
- Hog Barn
- New Jersey
- ISRA
- Informal Agency Action
- Administrative Hearing
- Cancer
- Emissions
- Waste
- Air
- Combustion
- RCRA
- Railroad
- Speaking Engagements
- Third Circuit
- Toxic Torts
- Removal
- Federal Procedure
- Title V
- Clean Air Act
- Statute of Limitations
- Permits
- Cleanup
- Supreme Court
- Superfund
- Camp Lejeune
- Statute of Repose
- Multi-District Litigation
- Tolling
- Clean Water Act
- Wetlands
- Mineral Rights
- Administrative Procedures Act
- Enforcement Action
- Marcellus Shale
- Due Process
- Deeds
- Exploration
- Royalties
- Drilling
- Oil and Gas
- Leases
Blog editor
Blog Contributors
Showing 6 posts from February 2012.
For the Association of Corporate Counsel, Nicole recently wrote about the decision in Menasha Corp. v. United States Department of Justice, No. 11-C-682 (E.D. Wis. 2012) which should give counsel some pause before communicating with employees of a client’s affiliated entities, particularly in multi-party environmental cost-recovery cases. Her article can be found here.
Yesterday, the United States Supreme Court issued its decision in PPL Montana, LLC v. Montana, No. 10-218 (Feb. 22, 2012), which reads more like a wonderous travelogue than a judicial opinion. The decision can’t help but inspire one to put on a pair of hiking boots and set out for Montana. At least, the Montana explored by Lewis and Clark and that joined the United States in 1889. Read More »
We don’t just write, we speak too! I’m going to be leading a breakfast roundtable discussion on March 6 as part of ICSC’s University of Shopping Centers. More details are here and please stop by! Read More »
This week, the Supreme Court of the State of Montana took a look at statute of limitations issues in the context of state law claims for trespass and nuisance in contamination cases in the case of Burley v. Burlington Northern & Santa Fe Railway Co., 2012 MT 28 (Feb. 7, 2012). The issue, which was certified to the Court from the United States District Court for the District of Montana was the following: Read More »
We previously reported on Powell v. Tosh, No. 5:09-CV-121-R (W.D. Ky. Oct. 12, 2011), a case in which the U.S. District Court for the Western District of Kentucky certified a class action filed on behalf of a group of homeowners for damages allegedly suffered as a result of odors migrating from a nearby hog farm. As Suzanne suggested in her previous post, Powell quite possibly may have been the first decision granting class certification in an environmental toxic tort case since the Supreme Court’s June 2011 decision in Wal-Mart v. Dukes, 131 S. Ct. 2541 (2011) – a decision that many speculated would be the death knell to class actions in this arena. Read More »
A little creativity goes a long way and cash-strapped municipal entities need all the creativity they can get. But it doesn’t always put money in your pocket. And such was the result in Emergency Services Billing Corporation, Inc. v. Allstate Insurance Co., No. 11-2381 (7th Cir. Feb. 2, 2011) which upheld a trial court’s determination that automobiles owned and used for personal purposes are not “facilities” under CERCLA and hence drivers (and their insurance carriers) are not liable for “response costs” incurred in responding to motor vehicle accidents. And thus the Volunteer Fire Department of Westville, Indiana, cannot recoup the amounts it spent in responding to the four separate, unrelated auto accidents that were the subject of the collection efforts. Read More »