Subscribe for updates
Recent Posts
- S.D.N.Y. Court Dismisses PFAS Related Claims Due to Lack of Personal Jurisdiction and Plaintiff’s Failure to State a Claim
- New Jersey Court Holds Property Buyer’s Consent to Institutional Controls is Binding on Subsequent Buyer
- District Court Addresses Definition of Disposal and Compliance with NCP in Ruling on CERCLA Summary Judgment Motions
- First Circuit Distinguishes “Release” from “Disposal” in Affirming CERCLA Liability of Facility Owner
- New York Appellate Court Dismisses Claims Against Odorous Landfill Due To Narrow Scope Of State Law
Topics
- 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
- Personal Jurisdiction
- Successor Liability
- Potentially Responsible Parties
- Operator Liability
- Federal Circuit
- Environmental Covenants
- Apportionment
- National Contingency Plan
- Divisibility
- Water Pollution Control Act
- Strict Liability
- Utilities
- Public Utilities Commission
- Historic Resources
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Arbitration
- Alternative Dispute Resolution
- Climate Change
- Auer Deference
- Commonwealth Court
- Fees
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- New Mexico
- Utah
- Tribal Lands
- Federal Tort Claims Act
- Delaware Department of Natural Resources and Environmental Control
- Delaware
- 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
- PCBs
- Property Damage
- Building Materials
- First Circuit
- Groundwater
- Natural Resource Damages
- Brownfield
- Innocent Party
- Brownfields
- PHMSA
- Pipeline Hazardous Materials Safety Administration
- Environmental Rights Amendment
- FOIA
- Effluents
- Sediment Sites
- EHB
- Texas
- Missouri
- Pipelines
- Coal Ash
- Injunction
- Spoliation
- TMDL
- Stormwater
- Safe Drinking Water Act
- Colorado
- Michigan
- Drinking Water
- North Carolina
- Bankruptcy
- Hearing Board
- Civil Penalties
- Clean Streams Law
- Arranger Liability
- Retroactive
- Sovereign Immunity
- Stigma
- Damages
- Property Value
- Tax assessment
- Fair Market Value
- Storage Tank
- Electric
- Fifth Circuit
- Indemnification
- Energy
- Arizona
- Ninth Circuit
- Attorney-Client
- OPRA
- Iowa
- Fourth Circuit
- Discovery Rule
- Eighth Circuit
- Administrative Appeals
- Taxes
- Preemption
- CAFA
- Freshwater Wetlands Protect Act
- Inspection
- Residential
- New York
- Pennsylvania Department of Environmental Protection
- Federal Energy Regulatory Commission
- Natural Gas Act
- HAPs
- Hazardous Air Pollutants
- Mercury
- D.C. Circuit
- Condemnation
- Takings
- Natural Gas
- Storage
- Flooding
- Takings Clause
- Fifth Amendment
- Spill Act
- Causation
- NEPA
- Interior
- Tenth Circuit
- Mineral Leasing Act
- California
- Act 13
- Zoning
- Duty to Defend
- Insurance Coverage
- Eminent Domain
- Landfill
- Private Right of Action
- Sixth Circuit
- Water
- Illinois
- 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
- Bona Fide Prospective Purchaser
- Green House Counsel
- Rulemaking
- CISWI
- Enforcement
- Equity
- Laches
- Delay Notice
- EPA
- Consent Decree
- Boiler MACT
- Contribution
- Declaratory Relief
- Second Circuit
- NPDES
- Procedure
- Standing
- Dimock
- Medical Monitoring
- Legislation
- Case Update
- Certification
- Contamination
- Dukes
- Louisiana
- CLE
- Decisions of Note
- Cases to Watch
- Discovery
- Expert Witness
- Privilege
- Work Product
- CERCLA
- Cost Recovery
- Defense Costs
- Insurance
- Real Estate
- Remediation
- Response Action Contractors
- Consultant Liability
- Negligence
- Army Corps
- Donovan
- Rapanos
- Kentucky
- Nuisance
- Class Actions
- Odors
- Trespass
- Farming
- Hog Barn
- Informal Agency Action
- Administrative Hearing
- ISRA
- New Jersey
- Air
- Cancer
- Combustion
- Emissions
- Railroad
- RCRA
- Waste
- Speaking Engagements
- Toxic Torts
- Federal Procedure
- Removal
- Third Circuit
- Permits
- Statute of Limitations
- Title V
- Clean Air Act
- Supreme Court
- Cleanup
- Superfund
- Tolling
- Camp Lejeune
- Multi-District Litigation
- Statute of Repose
- Enforcement Action
- Wetlands
- Administrative Procedures Act
- Deeds
- Clean Water Act
- Marcellus Shale
- Due Process
- Mineral Rights
- Leases
- Oil and Gas
- Royalties
- Drilling
- Exploration
Blog editor
Blog Contributors
Showing 2 posts from November 2020.
In State of Rhode Island v. Shell Oil Products Co., L.L.C. et al., No. 19-1818 (1st Cir. 2020), decided on October 29th, 2020, the First Circuit joined seven sister circuits in holding that the scope of appellate review of remand orders under 28 U.S.C. § 1447(d) is limited to the questions of federal-officer jurisdiction and civil rights jurisdiction. And while the holding does not break new ground in light of its consistency, it informs members of industry of the venue in which they will litigate climate change claims based in tort and state law providing environmental rights. Read More »
|
Email|
Comments|
Topics: Climate Change, Federal Procedure, First Circuit, Nuisance, Procedure, Removal, Trespass
On October 22, 2020, the Pennsylvania Commonwealth Court rejected a facial constitutional challenge to two statutory enactments that directed over $110 million generated from oil and gas leases on state lands to pay for the general government operations of the Pennsylvania Department of Conservation and Natural Resources (“DCNR”), finding that the appropriations were not facially unconstitutional under Article I, Section 27 of the Pennsylvania Constitution, also called the Environmental Rights Amendment (“ERA”). Pa. Envtl. Defense Found. v. Commonwealth, No. 358 M.D. 2018 (Pa. Cmwlth.) (“PEDF IV”). Read More »
|
Email|
Comments|
Topics: Act 13, Environmental Rights Amendment, Marcellus Shale, Oil and Gas, Pennsylvania
