
Subscribe for updates
Recent Posts
- Colorado District Court Puts Brakes on Denver Dam Work Pending Environmental Review
- 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
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
- Environmental Justice
- Disparate Impact
- Title VI
- 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
- Potentially Responsible Parties
- Operator Liability
- Federal Circuit
- Environmental Covenants
- National Contingency Plan
- Apportionment
- Divisibility
- Water Pollution Control Act
- Strict Liability
- Historic Resources
- Utilities
- Public Utilities Commission
- 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
- Chevron Deference
- Endangered Species Act
- United States Supreme Court
- HSCA
- Corporate Veil
- Alter Ego
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- PCBs
- Building Materials
- First Circuit
- Property Damage
- Groundwater
- Natural Resource Damages
- Brownfield
- Innocent Party
- Brownfields
- Environmental Rights Amendment
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- FOIA
- Effluents
- Sediment Sites
- EHB
- Texas
- Missouri
- Pipelines
- Injunction
- Coal Ash
- Spoliation
- TMDL
- Stormwater
- Safe Drinking Water Act
- Colorado
- Michigan
- Drinking Water
- North Carolina
- Bankruptcy
- Civil Penalties
- Hearing Board
- Clean Streams Law
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Property Value
- Stigma
- Fair Market Value
- Tax assessment
- Damages
- Storage Tank
- Indemnification
- Energy
- Fifth Circuit
- Electric
- 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
- HAPs
- D.C. Circuit
- Mercury
- Hazardous Air Pollutants
- Takings
- Condemnation
- Natural Gas
- Storage
- Fifth Amendment
- Takings Clause
- Flooding
- Spill Act
- Causation
- NEPA
- Mineral Leasing Act
- Tenth Circuit
- Interior
- California
- Zoning
- Act 13
- Duty to Defend
- Insurance Coverage
- Landfill
- Eminent Domain
- Sixth Circuit
- Private Right of Action
- Illinois
- Water
- Subject Matter Jurisdiction
- Citizen Suit
- Diligent Prosecution
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Riverbed
- Navigability
- Montana
- Equal-Footing Doctrine
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Laches
- Boiler MACT
- Delay Notice
- Rulemaking
- Equity
- CISWI
- Consent Decree
- Enforcement
- EPA
- Declaratory Relief
- Second Circuit
- Contribution
- Procedure
- Standing
- NPDES
- Medical Monitoring
- Dimock
- Case Update
- Legislation
- Certification
- Contamination
- Louisiana
- Dukes
- CLE
- Discovery
- Work Product
- Cases to Watch
- Privilege
- Decisions of Note
- Expert Witness
- Cost Recovery
- CERCLA
- Insurance
- Defense Costs
- Real Estate
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Rapanos
- Army Corps
- Donovan
- Class Actions
- Hog Barn
- Kentucky
- Trespass
- Farming
- Odors
- Nuisance
- New Jersey
- ISRA
- Informal Agency Action
- Administrative Hearing
- Railroad
- Cancer
- Emissions
- Waste
- Air
- Combustion
- RCRA
- 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
- Due Process
- Deeds
- Clean Water Act
- Wetlands
- Mineral Rights
- Administrative Procedures Act
- Enforcement Action
- Marcellus Shale
- Leases
- Exploration
- Royalties
- Drilling
- Oil and Gas
Blog editor
Blog Contributors
Two months ago I blogged about DeLalla v. Hanover Ins., No. 10-3933 (3rd Cir. Oct. 12, 2011), a case in which the Third Circuit held that, when it comes to removal, each defendant gets its own thirty-day window to file a Notice of Removal such that a later-served defendant is not foreclosed from seeking removal if the thirty-day window has already closed on the first-served defendant. As befitting a precedential Third Circuit decision, there was clearly a lot of effort put into the 22 page opinion.
Which will now languish in the pile of cases never to be cited again. Why? Because Congress passed, and on Wednesday the President signed, the Jurisdiction and Venue Clarification Act. It contains a variety of little tweaks and, theoretically, fixes to the removal and remand procedures in Title 28 of the U.S. Code, including revisions to section 1446(b), which now has a new subsection (2) that reads:
(A) When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action.
(B) Each defendant shall have 30 days after receipt by or service on that defendant of the initial pleading or summons described in paragraph (1) to file the notice of removal.
(C) If defendants are served at different times, and a later- served defendant files a notice of removal, any earlier-served defendant may consent to the removal even though that earlier-served defendant did not previously initiate or consent to removal.
Can’t get much clearer than that.