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Showing 2 posts in Stormwater.

One of the finest lines that environmental attorneys walk is in protecting communications between counsel and a retained environmental consultant from disclosure in litigation.  In a recent case out of the Northern District of Indiana, Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., No. 1:14-cv-00006 (N.D. Ill. Apr. 14, 2017), the Court found that communications between counsel and consultants retained by the counsel  were not protected by the attorney-client privilege, in large part because the consultants also performed remedial work.  However, as the work was done "in anticipation of litigation" with, among others, the Indiana Department of Environmental Management (IDEM) and EPA, substantive communications were protected by the attorney work product doctrine.   Read More »

Three public-water-system-operating California cities brought suit in the Northern District of California against Monsanto alleging that Monsanto’s manufacture and sale of PCB-containing products from the 1930s through the 1970s caused pollution that increased the cities’ cost and ability to comply with federal stormwater discharge regulations for discharge into the San Francisco Bay.  Monsanto sought to dismiss the claims and in City of San Jose v. Monsanto Company, Nos. 15-3178, 15-5152, & 16-0071 (N.D.CA. Aug. 22, 2016), the United States District Court for the Northern District of California granted the motion, but allowed the municipalities to amend their complaints as to their nuisance causes of action. Read More »