Subscribe for updates
Recent Posts
- Federal District Court Holds that CERCLA Procedure for Natural Resource Damage Assessments Not Required as a Matter of Law
- Local Law Prohibiting Natural Gas Piping is Preempted, Ninth Circuit Holds
- District Court Failed to Consider Maui Factors as to Mining Company's Groundwater Discharges, Tenth Circuit Holds
- Federal District Court Excludes Expert Testimony in Flint Water Cases as Unreliable
- Federal District Court Rejects Divisibility of Harm Defense, Imposing Joint and Several Liability in CERCLA Action
Topics
- Evidence
- Internal Investigation
- Citizens Suit
- Georgia
- Federal Insecticide, Fungicide, and Rodenticide Act
- 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
- Vapor Intrusion
- Solvents
- National Priorities List
- Price-Anderson Act
- Solid Waste Management Act
- Successor Liability
- Personal Jurisdiction
- Potentially Responsible Parties
- Operator Liability
- Federal Circuit
- Environmental Covenants
- National Contingency Plan
- Divisibility
- Apportionment
- Strict Liability
- Water Pollution Control Act
- Historic Resources
- Utilities
- Public Utilities Commission
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Arbitration
- Alternative Dispute Resolution
- Climate Change
- Auer Deference
- Commonwealth Court
- Fees
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Federal Tort Claims Act
- Gold King Mine
- New Mexico
- Utah
- Tribal Lands
- Delaware
- Delaware Department of Natural Resources and Environmental Control
- FERC
- National Forest Management Act
- Endangered Species Act
- Chevron Deference
- United States Supreme Court
- HSCA
- Alter Ego
- Corporate Veil
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- Building Materials
- First Circuit
- PCBs
- Property Damage
- Groundwater
- Natural Resource Damages
- Brownfield
- Innocent Party
- Brownfields
- Environmental Rights Amendment
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- Effluents
- FOIA
- Sediment Sites
- EHB
- Texas
- Missouri
- Pipelines
- Coal Ash
- Injunction
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Drinking Water
- Michigan
- North Carolina
- Bankruptcy
- Clean Streams Law
- Hearing Board
- Civil Penalties
- Arranger Liability
- Retroactive
- Sovereign Immunity
- Damages
- Stigma
- Property Value
- Tax assessment
- Fair Market Value
- Storage Tank
- Fifth Circuit
- Electric
- Indemnification
- Energy
- Ninth Circuit
- Arizona
- OPRA
- Attorney-Client
- Iowa
- Fourth Circuit
- Discovery Rule
- Eighth Circuit
- Taxes
- Administrative Appeals
- Preemption
- CAFA
- Freshwater Wetlands Protect Act
- Inspection
- Residential
- New York
- Natural Gas Act
- Pennsylvania Department of Environmental Protection
- Federal Energy Regulatory Commission
- D.C. Circuit
- HAPs
- Hazardous Air Pollutants
- Mercury
- Condemnation
- Takings
- Natural Gas
- Storage
- Fifth Amendment
- Flooding
- Takings Clause
- Spill Act
- Causation
- NEPA
- Interior
- Tenth Circuit
- Mineral Leasing Act
- California
- Zoning
- Act 13
- Duty to Defend
- Insurance Coverage
- Eminent Domain
- Landfill
- Private Right of Action
- Sixth Circuit
- Illinois
- Water
- Citizen Suit
- Diligent Prosecution
- Subject Matter Jurisdiction
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Equal-Footing Doctrine
- Montana
- Navigability
- Riverbed
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Rulemaking
- CISWI
- Enforcement
- Equity
- Laches
- Consent Decree
- Delay Notice
- EPA
- Boiler MACT
- Contribution
- Declaratory Relief
- Second Circuit
- NPDES
- Procedure
- Standing
- Dimock
- Medical Monitoring
- Case Update
- Legislation
- Certification
- Contamination
- Dukes
- Louisiana
- CLE
- Cases to Watch
- Discovery
- Expert Witness
- Privilege
- Work Product
- Decisions of Note
- CERCLA
- Cost Recovery
- Defense Costs
- Insurance
- Real Estate
- Negligence
- Remediation
- Response Action Contractors
- Consultant Liability
- Donovan
- Rapanos
- Army Corps
- Odors
- Class Actions
- Trespass
- Farming
- Hog Barn
- Kentucky
- Nuisance
- Informal Agency Action
- Administrative Hearing
- New Jersey
- ISRA
- Cancer
- Combustion
- Emissions
- Railroad
- RCRA
- Waste
- Air
- Speaking Engagements
- Removal
- Third Circuit
- Toxic Torts
- Federal Procedure
- Clean Air Act
- Permits
- Statute of Limitations
- Title V
- Cleanup
- Superfund
- Supreme Court
- Multi-District Litigation
- Statute of Repose
- Tolling
- Camp Lejeune
- Wetlands
- Deeds
- Administrative Procedures Act
- Marcellus Shale
- Clean Water Act
- Due Process
- Mineral Rights
- Enforcement Action
- Oil and Gas
- Royalties
- Drilling
- Exploration
- Leases
Blog editor
Blog Contributors
- Danielle N. Bagwell
- Brielle A. Brown
- Kate Campbell
- Stephen D. Daly
- Thomas M. Duncan
- Kelly A. Hanna
- Jessica D. Hunt
- Todd D. Kantorczyk
- Dylan G. LaMorte
- Brandon P. Matsnev
- Giselle F. Mazmanian
- Nicole R. Moshang
- Shoshana (Suzanne Ilene) Schiller
- Diana A. Silva
- Alice Douglas Solomon
- Natalia P. Teekah
- Garrett D. Trego
Showing 2 posts from September 2015.
In the 2012 case of New Jersey Schs. Dev. Auth. v. Marcantuone, 428 N.J. Super. 546 (App.Div. 2012), the New Jersey Appellate Division held that a passive landowner who purchased contaminated property prior to the enactment of the New Jersey Spill and Compensation Act (“Spill Act”) was a liable party under the Act even if the owner did not contribute to the contamination, unless it could meet the Spill Act’s definition of an “innocent purchaser.” This decision gave rise to an entirely new wave of litigation against landowners who, previously, were not thought to be PRPs under the Spill Act. Last week, however, the Appellate Division of the Superior Court of New Jersey returned some hope to these property owners when it affirmed a Superior Court decision holding that, while a passive landlord is a liable party under the Spill Act, application of the equitable principles of allocation may result in a finding that such a landlord is nevertheless 0% responsible for the costs of remediation. Read More »
This week, in the case of Smith v. ConocoPhillips Pipe Line Co., No. 14-2191 (8th Cir. Sept. 15, 2015), the Eighth Circuit overturned a district court’s grant of a certification to a class comprised of property owners who alleged that the contamination of a neighboring property, and their fear of its spread, was a nuisance. The Eighth Circuit held that the plaintiffs did not provide evidence that their own properties were contaminated and thus denied class certification based on the plaintiffs’ failure to demonstrate a common injury. Read More »