
Subscribe for updates
Recent Posts
- Third Circuit Remands 1,4 Dioxane Case to State Court Rejecting the Use of the Federal-Officer Removal Statute
- D.C. Circuit Affirms FERC’s Approval of Pipeline Construction Extension
- Supreme Court Provides Framework for Venue for Clean Air Act Challenges
- Supreme Court Endorses Use of “Commonsense Economic Principles” to Establish Standing for Businesses Downstream of Regulated Parties
- Supreme Court Issues “Course Correction” to NEPA Jurisprudence, Emphasizing Statutory Text and Common Sense
Topics
- State Implementation Plans
- Venue
- NJDEP
- Pollutants
- Connecticut
- Federal Land Policy and Management Act
- Loper Bright
- Council on Environmental Quality
- Agency Action
- Public Trust Doctrine
- New Jersey Civil Rights Act
- Environmental Justice
- Disparate Impact
- Title VI
- Massachusetts
- Internal Investigation
- Evidence
- Citizens Suit
- Georgia
- FIFRA
- Federal Insecticide, Fungicide, and Rodenticide Act
- 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
- Environmental Covenants
- Federal Circuit
- Divisibility
- National Contingency Plan
- Apportionment
- Strict Liability
- Water Pollution Control Act
- Public Utilities Commission
- Historic Resources
- Utilities
- Hydraulic Fracturing
- Water Use
- PFAS
- Ohio
- Arbitration
- Alternative Dispute Resolution
- Climate Change
- Auer Deference
- Fees
- Commonwealth Court
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Gold King Mine
- Utah
- Federal Tort Claims Act
- New Mexico
- Tribal Lands
- Delaware
- Delaware Department of Natural Resources and Environmental Control
- FERC
- National Forest Management Act
- United States Supreme Court
- Chevron Deference
- Endangered Species Act
- HSCA
- Corporate Veil
- Alter Ego
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- PCBs
- Building Materials
- First Circuit
- Property Damage
- Groundwater
- Natural Resource Damages
- Brownfields
- Brownfield
- Innocent Party
- Environmental Rights Amendment
- PHMSA
- Pipeline Hazardous Materials Safety Administration
- FOIA
- Effluents
- Sediment Sites
- EHB
- Missouri
- Pipelines
- Texas
- Injunction
- Coal Ash
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Drinking Water
- Michigan
- North Carolina
- Bankruptcy
- Clean Streams Law
- Civil Penalties
- Hearing Board
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Tax assessment
- Damages
- Property Value
- Stigma
- Fair Market Value
- Storage Tank
- Indemnification
- Energy
- Fifth Circuit
- Electric
- Ninth Circuit
- Arizona
- Attorney-Client
- OPRA
- Iowa
- Fourth Circuit
- Discovery Rule
- Eighth Circuit
- Taxes
- Administrative Appeals
- Preemption
- CAFA
- Residential
- Inspection
- Freshwater Wetlands Protect Act
- New York
- Natural Gas Act
- Federal Energy Regulatory Commission
- Pennsylvania Department of Environmental Protection
- HAPs
- D.C. Circuit
- Mercury
- Hazardous Air Pollutants
- Takings
- Condemnation
- Storage
- Natural Gas
- Fifth Amendment
- Takings Clause
- Flooding
- Causation
- Spill Act
- NEPA
- Mineral Leasing Act
- Tenth Circuit
- Interior
- California
- Act 13
- Zoning
- Insurance Coverage
- Duty to Defend
- Landfill
- Eminent Domain
- Private Right of Action
- Sixth Circuit
- Water
- Illinois
- Citizen Suit
- Diligent Prosecution
- Subject Matter Jurisdiction
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Riverbed
- Navigability
- Montana
- Equal-Footing Doctrine
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- EPA
- Laches
- Boiler MACT
- Delay Notice
- Rulemaking
- Equity
- CISWI
- Consent Decree
- Enforcement
- Second Circuit
- Contribution
- Declaratory Relief
- Procedure
- Standing
- NPDES
- Medical Monitoring
- Dimock
- Case Update
- Legislation
- Certification
- Contamination
- Louisiana
- Dukes
- CLE
- Discovery
- Work Product
- Cases to Watch
- Privilege
- Decisions of Note
- Expert Witness
- Cost Recovery
- CERCLA
- Insurance
- Defense Costs
- Real Estate
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Rapanos
- Army Corps
- Donovan
- Class Actions
- Hog Barn
- Kentucky
- Trespass
- Farming
- Odors
- Nuisance
- New Jersey
- ISRA
- Informal Agency Action
- Administrative Hearing
- RCRA
- Railroad
- Cancer
- Emissions
- Waste
- Air
- Combustion
- Speaking Engagements
- Third Circuit
- Toxic Torts
- Removal
- Federal Procedure
- Title V
- Clean Air Act
- Statute of Limitations
- Permits
- Cleanup
- Supreme Court
- Superfund
- Camp Lejeune
- Statute of Repose
- Multi-District Litigation
- Tolling
- Marcellus Shale
- Due Process
- Deeds
- Clean Water Act
- Wetlands
- Mineral Rights
- Administrative Procedures Act
- Enforcement Action
- Drilling
- Oil and Gas
- Leases
- Exploration
- Royalties
Blog editor
Blog Contributors
Showing 3 posts from May 2025.
In March 2024, the County of Bucks filed a controversial suit under state law against a number of large oil companies alleging the County was injured because of the companies’ deceptive conduct with respect to their impact on climate change. The Defendants filed various preliminary objections including lack of subject-matter jurisdiction, arguing that despite the County’s effort to focus the complaint on fraudulent practices, the case at bottom alleged harm from severe weather allegedly due to air emissions, which are governed exclusively by federal law. On May 16, 2025, the Bucks County Court of Common Pleas issued an opinion agreeing with the Defendants and dismissing the case entirely. See Bucks County v. BP P.L.C., et al., No. 2024-01836 (Bucks Cty. Com. Pl. May 16, 2025). Read More »
On May 1, 2025, the United Stated District Court for the Northern District of California evaluated a settlement agreement between a long-time generator of hazardous substances, an innocent plaintiff, and the Department of Toxic Substances Control (“DTSC”), and found that it met the requirements as a good faith agreement under both the California Code of Civil Procedure and the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). See Maxim L Properties v. Moyer Products, Ind., 2025 WL 1261419. The court ruled that a settlement agreement that, among other things, accounts for the “rough approximation” of liability is generally satisfactory in both California and under CERCLA. Read More »
On April 25, 2025, the Superior Court of New Jersey, Appellate Division (the “Appellate Division”) in New Jersey Department of Environmental Protection et al. v. Desai et al., ruled on the statute of limitations for state claims brought under the New Jersey Spill Compensation and Control Act (the “Spill Act”), finding that claims concerning remediation do not begin to accrue until the remediation is complete. Read More »