
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
- Council on Environmental Quality
- Agency Action
- Loper Bright
- New Jersey Civil Rights Act
- Public Trust Doctrine
- Disparate Impact
- Title VI
- Environmental Justice
- Massachusetts
- Internal Investigation
- Evidence
- Citizens Suit
- FIFRA
- Federal Insecticide, Fungicide, and Rodenticide Act
- Georgia
- 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
- Solvents
- National Priorities List
- Vapor Intrusion
- Price-Anderson Act
- Solid Waste Management Act
- Successor Liability
- Personal Jurisdiction
- Operator Liability
- Potentially Responsible Parties
- Environmental Covenants
- Federal Circuit
- Divisibility
- National Contingency Plan
- Apportionment
- Strict Liability
- Water Pollution Control Act
- Public Utilities Commission
- Historic Resources
- Utilities
- Hydraulic Fracturing
- Water Use
- PFAS
- Ohio
- Arbitration
- Alternative Dispute Resolution
- Climate Change
- Auer Deference
- Fees
- Commonwealth Court
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Utah
- Federal Tort Claims Act
- New Mexico
- Tribal Lands
- Gold King Mine
- 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
- Building Materials
- First Circuit
- Property Damage
- PCBs
- Groundwater
- Natural Resource Damages
- Brownfields
- Brownfield
- Innocent Party
- Environmental Rights Amendment
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- FOIA
- Effluents
- Sediment Sites
- EHB
- Missouri
- Pipelines
- Texas
- Injunction
- Coal Ash
- Spoliation
- TMDL
- Stormwater
- Safe Drinking Water Act
- Colorado
- Drinking Water
- Michigan
- North Carolina
- Bankruptcy
- Hearing Board
- Civil Penalties
- Clean Streams Law
- Arranger Liability
- Retroactive
- Sovereign Immunity
- Stigma
- Fair Market Value
- Tax assessment
- Damages
- Property Value
- Storage Tank
- Fifth Circuit
- Electric
- Indemnification
- Energy
- Arizona
- Ninth Circuit
- Attorney-Client
- OPRA
- Iowa
- Discovery Rule
- Fourth Circuit
- Eighth Circuit
- Taxes
- Administrative Appeals
- Preemption
- CAFA
- Inspection
- Freshwater Wetlands Protect Act
- Residential
- New York
- Federal Energy Regulatory Commission
- Pennsylvania Department of Environmental Protection
- Natural Gas Act
- Hazardous Air Pollutants
- HAPs
- D.C. Circuit
- Mercury
- Takings
- Condemnation
- Natural Gas
- Storage
- Flooding
- Fifth Amendment
- Takings Clause
- Causation
- Spill Act
- NEPA
- Mineral Leasing Act
- Tenth Circuit
- Interior
- California
- Zoning
- Act 13
- Insurance Coverage
- Duty to Defend
- Landfill
- Eminent Domain
- Private Right of Action
- Sixth Circuit
- Illinois
- Water
- Citizen Suit
- Diligent Prosecution
- Subject Matter Jurisdiction
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Navigability
- Montana
- Equal-Footing Doctrine
- Riverbed
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- EPA
- Laches
- Boiler MACT
- Delay Notice
- Rulemaking
- Equity
- CISWI
- Consent Decree
- Enforcement
- Declaratory Relief
- Second Circuit
- Contribution
- Procedure
- Standing
- NPDES
- Dimock
- Medical Monitoring
- Case Update
- Legislation
- Certification
- Contamination
- Louisiana
- Dukes
- CLE
- Decisions of Note
- Expert Witness
- Discovery
- Work Product
- Cases to Watch
- Privilege
- Defense Costs
- Cost Recovery
- CERCLA
- Insurance
- Real Estate
- Remediation
- Response Action Contractors
- Consultant Liability
- Negligence
- Donovan
- Rapanos
- Army Corps
- Class Actions
- Hog Barn
- Kentucky
- Trespass
- Farming
- Odors
- Nuisance
- Administrative Hearing
- New Jersey
- ISRA
- Informal Agency Action
- Air
- Combustion
- RCRA
- Railroad
- Cancer
- Emissions
- Waste
- Speaking Engagements
- Toxic Torts
- Removal
- Federal Procedure
- Third Circuit
- Clean Air Act
- Statute of Limitations
- Permits
- Title V
- Supreme Court
- Superfund
- Cleanup
- Multi-District Litigation
- Tolling
- Camp Lejeune
- Statute of Repose
- Administrative Procedures Act
- Enforcement Action
- Marcellus Shale
- Due Process
- Deeds
- Clean Water Act
- Wetlands
- Mineral Rights
- Royalties
- Drilling
- Oil and Gas
- Leases
- Exploration
Blog editor
Blog Contributors
Showing 2 posts from July 2016.
Several years ago we reported on Community Action & Environmental Justice v. Union Pacific Corporation, in which a California District Court held the dispersion into the air of particulate matter that reaches the ground or water did not constitute a “disposal” subject to RCRA but, instead, was subject to regulation under the Clean Air Act. That District Court opinion was affirmed in 2014, in Community Action & Environmental Justice v. Union Pacific Corporation, 764 F.3d 1019 (9th Cir. 2014). Yesterday, in the case of Pakootas v. Teck Cominco Metals, No. 15-35228 (9th Cir. July 27, 2016), the Ninth Circuit expanded this analysis of the relative roles of our environmental laws by holding that a party who disperses air pollutants that eventually settle into the ground or water are not arrangers liable under CERCLA as they have not “disposed of” hazardous substances under the Act. Read More »
Earlier this month, a Michigan federal judge refused to dismiss a lawsuit brought by a coalition of plaintiffs seeking to force multiple city and state defendants to fix the city of Flint, Michigan’s water supply system. The lawsuit arose from the crisis regarding lead contamination in Flint’s water supply, which has garnered national attention. In the decision, Concerned Pastors for Soc. Action v. Khouri, No. 16-10277 (E.D. Mich. July 7, 2016), U.S. District Judge David M. Lawson rejected numerous attacks asserted by the defendants in a motion to dismiss. Perhaps most notably, the judge rejected the argument that the federal court should defer to the U.S. Environmental Protection Agency’s (EPA) primary jurisdiction under the Safe Drinking Water Act (SDWA). Read More »