Subscribe for updates
Recent Posts
- When Does NEPA Apply? The Eleventh Circuit Draws a Hard Line in Friends of the Everglades v. DHS
- Supreme Court Broadly Interprets “relating to” in Federal Officer Removal Statute
- Pennsylvania Federal Court Clarifies HSCA Statute of Limitations and “Response Costs” Under HSCA and CERCLA
- New Jersey Federal Court Dismisses PFAS Consumer Suit Against Band-Aid on Standing Grounds
- Massachusetts Federal Court Concludes that Biopellets Containing PFAS are “Useful Products,” Providing Defense to Superfund Liability
Topics
- State Implementation Plans
- Venue
- NJDEP
- Connecticut
- Pollutants
- Federal Land Policy and Management Act
- Loper Bright
- Council on Environmental Quality
- Agency Action
- New Jersey Civil Rights Act
- Public Trust Doctrine
- Environmental Justice
- Disparate Impact
- Title VI
- Massachusetts
- Evidence
- Internal Investigation
- Citizens Suit
- Federal Insecticide, Fungicide, and Rodenticide Act
- Georgia
- 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
- National Priorities List
- Vapor Intrusion
- Solvents
- Price-Anderson Act
- Solid Waste Management Act
- Successor Liability
- Personal Jurisdiction
- Potentially Responsible Parties
- Operator Liability
- Federal Circuit
- Environmental Covenants
- Apportionment
- National Contingency Plan
- Divisibility
- Water Pollution Control Act
- Strict Liability
- Historic Resources
- Public Utilities Commission
- Utilities
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Alternative Dispute Resolution
- Arbitration
- Climate Change
- Auer Deference
- Commonwealth Court
- Fees
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Gold King Mine
- Federal Tort Claims Act
- New Mexico
- Utah
- Tribal Lands
- Delaware Department of Natural Resources and Environmental Control
- Delaware
- FERC
- National Forest Management Act
- United States Supreme Court
- Endangered Species Act
- Chevron Deference
- HSCA
- Alter Ego
- Corporate Veil
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- Building Materials
- Property Damage
- First Circuit
- PCBs
- Groundwater
- Natural Resource Damages
- Brownfields
- Innocent Party
- Brownfield
- Environmental Rights Amendment
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- Effluents
- FOIA
- Sediment Sites
- EHB
- Pipelines
- Texas
- Missouri
- Injunction
- Coal Ash
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Drinking Water
- Michigan
- North Carolina
- Bankruptcy
- Clean Streams Law
- Hearing Board
- Civil Penalties
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Tax assessment
- Property Value
- Stigma
- Fair Market Value
- Damages
- Storage Tank
- Energy
- Fifth Circuit
- Electric
- Indemnification
- Arizona
- Ninth Circuit
- OPRA
- Attorney-Client
- Iowa
- Fourth Circuit
- Discovery Rule
- Eighth Circuit
- Administrative Appeals
- Taxes
- Preemption
- CAFA
- Contamination
- Natural Gas
- Procedure
- Freshwater Wetlands Protect Act
- Residential
- Inspection
- New York
- Pennsylvania Department of Environmental Protection
- Federal Energy Regulatory Commission
- Natural Gas Act
- HAPs
- Mercury
- D.C. Circuit
- Hazardous Air Pollutants
- Condemnation
- Takings
- Storage
- Flooding
- Takings Clause
- Fifth Amendment
- 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
- Diligent Prosecution
- Citizen Suit
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Equal-Footing Doctrine
- Riverbed
- Navigability
- Montana
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Bona Fide Prospective Purchaser
- Green House Counsel
- Equity
- Laches
- CISWI
- Rulemaking
- Consent Decree
- Boiler MACT
- EPA
- Enforcement
- Delay Notice
- Declaratory Relief
- Contribution
- Second Circuit
- NPDES
- Standing
- Medical Monitoring
- Dimock
- Legislation
- Case Update
- Louisiana
- Dukes
- Certification
- CLE
- Privilege
- Work Product
- Decisions of Note
- Expert Witness
- Discovery
- Cases to Watch
- Insurance
- Defense Costs
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Rapanos
- Army Corps
- Donovan
- Kentucky
- Nuisance
- Hog Barn
- Trespass
- Odors
- Farming
- Class Actions
- Informal Agency Action
- ISRA
- New Jersey
- Administrative Hearing
- Combustion
- Waste
- Railroad
- RCRA
- Cancer
- Air
- Emissions
- Speaking Engagements
- CERCLA
- Removal
- Federal Procedure
- Third Circuit
- Toxic Torts
- Permits
- Clean Air Act
- Title V
- Statute of Limitations
- Cost Recovery
- Supreme Court
- Cleanup
- Superfund
- Multi-District Litigation
- Camp Lejeune
- Tolling
- Statute of Repose
- Due Process
- Mineral Rights
- Clean Water Act
- Wetlands
- Enforcement Action
- Marcellus Shale
- Deeds
- Administrative Procedures Act
- Drilling
- Leases
- Oil and Gas
- Royalties
- Real Estate
- Exploration
Blog editor
Blog Contributors
Showing 2 posts from November 2021.
On November 17, 2021, the Court of Appeals for the First Circuit affirmed a decision of the lower court that the Puerto Rico Industrial Development Company (PRIDCO) was prima facie liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601 et seq., that it could not avail itself of the contiguous property owner defense, and that the selected response action was not arbitrary or capricious. The decision is particularly noteworthy in that the only identified contamination was in the groundwater under PRIDCO’s property, with no evidence that the source of the contamination was any activity on PRIDCO’s property. Nevertheless, the Court held that because the movement of groundwater constitute a continuous “release,” CERCLA liability attached. Read More »
When a homeowner misses trash day for months, piling up stinking bags of trash in the backyard, neighboring homeowners could presumably bring a private nuisance claim against that homeowner to abate the nuisance. But what if that neighbor was a landfill and its noxious odors spread for miles: who in the surrounding neighborhood would have standing to abate that apparent nuisance? The answer depends on the jurisdiction. In the recent decision Davies v. S.A. Dunn & Co., Nos. 530994/531613 (3d Dep’t Oct. 21, 2021), a split panel in the Appellate Division for the Third Judicial Department in New York dismissed public nuisance and negligence claims brought by neighboring residents against a landfill for failing to control its odor emissions because the plaintiffs failed to allege that they had suffered a “special injury” that was distinct from other residents in the area. Assuming it withstands any appeal, the decision is a significant check on public nuisance claims in New York. Read More »
