Subscribe for updates
Recent Posts
- Fourth Circuit “Decline[s] to Hit Pause” on Pipeline Project Involving Trenching Through Streams and Wetlands
- 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
Topics
- State Implementation Plans
- Venue
- NJDEP
- Connecticut
- Pollutants
- Federal Land Policy and Management Act
- Agency Action
- Loper Bright
- Council on Environmental Quality
- Public Trust Doctrine
- New Jersey Civil Rights Act
- Title VI
- Environmental Justice
- Disparate Impact
- Massachusetts
- Evidence
- Internal Investigation
- Citizens Suit
- FIFRA
- Federal Insecticide, Fungicide, and Rodenticide Act
- Georgia
- 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
- Personal Jurisdiction
- Successor Liability
- Operator Liability
- Potentially Responsible Parties
- Federal Circuit
- Environmental Covenants
- Divisibility
- Apportionment
- National Contingency Plan
- Strict Liability
- Water Pollution Control Act
- Utilities
- Historic Resources
- Public Utilities Commission
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Arbitration
- Alternative Dispute Resolution
- Climate Change
- Auer Deference
- Fees
- Commonwealth Court
- West Virginia
- Forest Service
- TSCA
- Martime
- Asbestos
- Gold King Mine
- New Mexico
- Utah
- Tribal Lands
- Federal Tort Claims Act
- 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
- First Circuit
- Property Damage
- PCBs
- Building Materials
- Groundwater
- Natural Resource Damages
- Brownfields
- Innocent Party
- Brownfield
- Environmental Rights Amendment
- PHMSA
- Pipeline Hazardous Materials Safety Administration
- 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
- Civil Penalties
- Clean Streams Law
- Hearing Board
- Arranger Liability
- Retroactive
- Sovereign Immunity
- Fair Market Value
- Damages
- Tax assessment
- Property Value
- Stigma
- Storage Tank
- Indemnification
- Electric
- Energy
- Fifth Circuit
- Arizona
- Ninth Circuit
- Attorney-Client
- OPRA
- Iowa
- Discovery Rule
- Fourth Circuit
- Eighth Circuit
- Administrative Appeals
- Taxes
- Preemption
- CAFA
- Procedure
- Natural Gas
- Contamination
- Residential
- Inspection
- Freshwater Wetlands Protect Act
- New York
- Federal Energy Regulatory Commission
- Pennsylvania Department of Environmental Protection
- Natural Gas Act
- HAPs
- Mercury
- D.C. Circuit
- Hazardous Air Pollutants
- Condemnation
- Takings
- Storage
- Flooding
- Takings Clause
- Fifth Amendment
- Causation
- Spill Act
- NEPA
- Interior
- Mineral Leasing Act
- Tenth Circuit
- California
- Zoning
- Act 13
- Insurance Coverage
- Duty to Defend
- Landfill
- Eminent Domain
- Private Right of Action
- Sixth Circuit
- Water
- Illinois
- Citizen Suit
- Subject Matter Jurisdiction
- Diligent Prosecution
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Riverbed
- Navigability
- Montana
- Equal-Footing Doctrine
- Seventh Circuit
- Indiana
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Consent Decree
- Boiler MACT
- EPA
- Enforcement
- Delay Notice
- Equity
- Laches
- CISWI
- Rulemaking
- Second Circuit
- Declaratory Relief
- Contribution
- Standing
- NPDES
- Dimock
- Medical Monitoring
- Legislation
- Case Update
- Dukes
- Certification
- Louisiana
- CLE
- Privilege
- Work Product
- Expert Witness
- Decisions of Note
- Discovery
- Cases to Watch
- Insurance
- Defense Costs
- Remediation
- Consultant Liability
- Negligence
- Response Action Contractors
- Army Corps
- Rapanos
- Donovan
- Farming
- Kentucky
- Nuisance
- Class Actions
- Hog Barn
- Trespass
- Odors
- ISRA
- Informal Agency Action
- New Jersey
- Administrative Hearing
- Air
- Emissions
- Waste
- Railroad
- RCRA
- Combustion
- Cancer
- CERCLA
- Speaking Engagements
- Third Circuit
- Toxic Torts
- Removal
- Federal Procedure
- Title V
- Statute of Limitations
- Permits
- Clean Air Act
- Cost Recovery
- Supreme Court
- Cleanup
- Superfund
- Statute of Repose
- Multi-District Litigation
- Camp Lejeune
- Tolling
- Due Process
- Administrative Procedures Act
- Marcellus Shale
- Deeds
- Wetlands
- Enforcement Action
- Clean Water Act
- Mineral Rights
- Royalties
- Real Estate
- Exploration
- Drilling
- Leases
- Oil and Gas
Blog editor
Blog Contributors
Showing 3 posts from September 2022.
In Rio Linda Elverta Cmty. Water Dist. v. United States, No. 2:17-CV-01349, 2022 WL 3567143 (E.D. Cal. Aug. 18, 2022), the Honorable Kimberly J. Mueller, Chief Judge for the United States District Court for the Eastern District of California, dismissed two California water utilities’ federal and state law claims against the federal government and several private sector defendants relating to hexavalent chromium (“Cr6”) pollution at the former McClellan Air Force Base (“Base”) near Sacramento, California. The water utilities allege that during active operations of the Base, the federal government used products containing Cr6, which contaminated the groundwater aquifer from which the water utilities derive municipal drinking water, making it unsafe for human consumption. Much of the case turned on the interplay between CERCLA sections 104 and 113(h) in the context of a clean up of a federal facility. Read More »
On August 19, 2022, a magistrate judge of the Colorado District Court held that contribution-defendants cannot assert their own contribution claims under section 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) because they are only liable for their fair share of response costs. Atlantic Richfield Co. v. NL Indus., Inc., No. 20-cv-00234-NYW-KLM, 2022 WL 3577261, at *6 (D. Colo. Aug. 19, 2022). The magistrate judge’s analysis resolved questions for potentially responsible parties (“PRPs”) seeking to assert contribution claims against other PRPs based on a claim of inequitable distribution of common liability in a 113(f) action. Id. at *4. Read More »
Stanford University can proceed with its lawsuit against HP Inc. and Agilent Technologies, Inc., the U.S. District Court for the Northern District of California ruled on September 19, 2022, holding that because certain soil contamination was a “continuous” or abatable nuisance or trespass, Stanford’s nuisance and trespass claims were not time barred and could continue. Accordingly, the court denied HP and Agilent’s motion for summary judgment on Stanford’s nuisance and trespass claims. Bd. of Trs. of the Leland Stanford Junior Univ. v. Agilent Techs., Inc., No. 18-cv-01199 (N.D. Ca. Sept. 19, 2022). Read More »
