Subscribe for updates
Recent Posts
- D.C. Circuit Rejects Challenge to EPA’s Designation of PFOA and PFOS as CERCLA Hazardous Substances
- Tenth Circuit Clarifies Diligent Prosecution Bar to Citizen Suits under Clean Air Act
- Eleventh Circuit Allows Federal Officer Removal for EPA-Directed Cleanup
- Supreme Court Holds FIFRA Preempts State-Law Failure-to-Warn Claims Challenging EPA-Approved Labels
- California Federal Court Holds Agencies May Be Liable Under Clean Air Act Citizen Suit Provision
Topics
- State Implementation Plans
- Venue
- NJDEP
- Connecticut
- Pollutants
- Federal Land Policy and Management Act
- Loper Bright
- Agency Action
- Council on Environmental Quality
- Public Trust Doctrine
- New Jersey Civil Rights Act
- Title VI
- Environmental Justice
- Disparate Impact
- 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
- Personal Jurisdiction
- Successor Liability
- Operator Liability
- Potentially Responsible Parties
- 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
- PFAS
- Ohio
- 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
- Delaware Department of Natural Resources and Environmental Control
- National Forest Management Act
- FERC
- Chevron Deference
- United States Supreme Court
- Endangered Species Act
- HSCA
- Alter Ego
- Corporate Veil
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- Building Materials
- First Circuit
- Property Damage
- PCBs
- Groundwater
- Natural Resource Damages
- Brownfields
- Innocent Party
- Brownfield
- Environmental Rights Amendment
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- Effluents
- FOIA
- Sediment Sites
- EHB
- Texas
- Missouri
- Pipelines
- Injunction
- Coal Ash
- Spoliation
- TMDL
- Stormwater
- Safe Drinking Water Act
- Colorado
- Michigan
- Drinking Water
- North Carolina
- Bankruptcy
- Hearing Board
- Clean Streams Law
- Civil Penalties
- Arranger Liability
- Retroactive
- Sovereign Immunity
- Stigma
- Fair Market Value
- Damages
- Tax assessment
- Property Value
- Storage Tank
- Energy
- Fifth Circuit
- Electric
- Indemnification
- Arizona
- Ninth Circuit
- OPRA
- Attorney-Client
- Iowa
- Discovery Rule
- Fourth Circuit
- Eighth Circuit
- Administrative Appeals
- Taxes
- Preemption
- CAFA
- Natural Gas
- Procedure
- Contamination
- Inspection
- Freshwater Wetlands Protect Act
- Residential
- New York
- Pennsylvania Department of Environmental Protection
- Natural Gas Act
- Federal Energy Regulatory Commission
- Hazardous Air Pollutants
- D.C. Circuit
- Mercury
- HAPs
- 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
- Diligent Prosecution
- Citizen Suit
- Subject Matter Jurisdiction
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Navigability
- Montana
- Equal-Footing Doctrine
- Riverbed
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- CISWI
- Boiler MACT
- EPA
- Enforcement
- Delay Notice
- Rulemaking
- Equity
- Consent Decree
- Laches
- Contribution
- Declaratory Relief
- Second Circuit
- NPDES
- Standing
- Dimock
- Medical Monitoring
- Legislation
- Case Update
- Dukes
- Certification
- Louisiana
- CLE
- Decisions of Note
- Privilege
- Cases to Watch
- Work Product
- Expert Witness
- Discovery
- Insurance
- Defense Costs
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Donovan
- Army Corps
- Rapanos
- Odors
- Class Actions
- Kentucky
- Farming
- Nuisance
- Hog Barn
- Trespass
- New Jersey
- Administrative Hearing
- Informal Agency Action
- ISRA
- Emissions
- Waste
- RCRA
- Railroad
- Air
- Cancer
- Combustion
- CERCLA
- Speaking Engagements
- Removal
- Federal Procedure
- Toxic Torts
- Third Circuit
- Statute of Limitations
- Title V
- Permits
- Clean Air Act
- Cost Recovery
- Supreme Court
- Superfund
- Cleanup
- Multi-District Litigation
- Camp Lejeune
- Tolling
- Statute of Repose
- Mineral Rights
- Clean Water Act
- Due Process
- Marcellus Shale
- Wetlands
- Deeds
- Enforcement Action
- Administrative Procedures Act
- Exploration
- Drilling
- Leases
- Real Estate
- Oil and Gas
- Royalties
Blog editor
Blog Contributors
We previously reported on Powell v. Tosh, No. 5:09-CV-121-R (W.D. Ky. Oct. 12, 2011), a case in which the U.S. District Court for the Western District of Kentucky certified a class action filed on behalf of a group of homeowners for damages allegedly suffered as a result of odors migrating from a nearby hog farm. As Suzanne suggested in her previous post, Powell quite possibly may have been the first decision granting class certification in an environmental toxic tort case since the Supreme Court’s June 2011 decision in Wal-Mart v. Dukes, 131 S. Ct. 2541 (2011) – a decision that many speculated would be the death knell to class actions in this arena.
But no longer. On December 21, 2011, the Powell court, on its own initiative, entered an order vacating its previous class certification ruling, and taking the matter under further advisement. It is unclear to us whether the court was persuaded by defendants’ appeal papers filed with the Sixth Circuit, urging for the reversal of the class certification decision on a number of legal grounds, or perhaps an indication that any prior hopes for settlement have been dashed. But whatever the reason, it will be interesting to see what the court does from here. Plaintiffs’ counsel, for their part, are no doubt worried, and are now seeking leave to file amended class certification papers “to clarify [their] arguments.”
