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- Third Circuit Holds Contribution Action Accrues on Entry of Consent Order but Doesn’t Decide Which Limitations Period Applies
- NJ Superior Court Upholds Municipal Courts’ Jurisdiction to Issue Civil Penalties Under the N.J. Spill Act
- Fifth Circuit Rules Landfill Odors Are Permanent Nuisance
- Montana Supreme Court Holds No Private Right of Enforcement of Water Use Act
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Showing 3 posts from January 2015.
Back in August of 2013, we reported that the Appellate Division of the New Jersey Superior Court, in the case of Morristown Associates v. Grant Oil Co., held that a six year statute of limitations applied to claims brought pursuant to the Spill Act. On Tuesday, January 27, 2015, the New Jersey Supreme Court overturned that decision to find that there is no statute of limitations barring a Spill Act claim. MGKF will shortly be issuing a Special Alert discussing this important decision in more detail.
Back in July of last year, in the case of Hobart Corp. v. Waste Management of Ohio, 758 F.3d 757 (6th Cir. 2014), held that the statute of limitations for a contribution action following the execution of an Administrative Settlement Agreement and Order on Consent (“AOC”) that settles an entity’s liability to the government begins to run as of the effective date of the AOC. To the extent that anyone might have thought that the Sixth Circuit would reconsider this holding, those hopes have been dashed. On January 24, 2015, in LWD PRP Group v. Alcan Corp., ___ F.3d ___ (6th Cir. 2015), the Sixth Circuit stood fast, finding that it lacked “power to reverse [Hobart,] reversing the district court’s denial of a motion to dismiss certain counterclaims. Read More »
In November 2009, a group of 44 plaintiffs, including the Ely family, filed suit against Cabot Oil & Gas Corp. for personal injuries and property damages that allegedly resulted from Cabot’s hydraulic fracturing operations in Dimock Township, Susquehanna County, Pennsylvania. The case is pending in the Middle District of Pennslyvania, captioned as Ely et al. v. Cabot Oil & Gas Corp., et al., Dkt. No. 3:09-cv-2284 (M.D. Pa.) (J. Carlson). After a number of parties settled out of the lawsuit, Cabot filed a motion for summary judgment on the Elys’ claims for breach of contract and lost royalties on an oil and gas lease, fraudulent inducement, negligence and negligence per se, medical monitoring, and violations of the Pennsylvania Hazardous Sites Cleanup Act (“HSCA”). On Monday, nearly all of the Elys’ claims were dismissed. Read More »