Subscribe for updates
Recent Posts
- District Court Rejects “Anticipatory” Pre-Suit Notice Letter in Dismissing Clean Water Act Claim
- Sixth Circuit Holds Forced Pooling Is Not A Taking
- California District Court Decision on Statute of Limitations in Contribution Actions Further Complicates Issue for Practitioners
- New Jersey Appellate Division Holds Judicial Estoppel as Available Defense to Spill Act Claims for Contribution
- Fourth Circuit Finds Forest Service Did Not Speak For The Trees
Topics
- National Forest Management Act
- FERC
- United States Supreme Court
- Endangered Species Act
- Chevron Deference
- HSCA
- Corporate Veil
- Alter Ego
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Minimg
- Intervention
- New Hampshire
- First Circuit
- PCBs
- Property Damage
- Building Materials
- Groundwater
- Natural Resource Damages
- Brownfields
- Brownfield
- Innocent Party
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- Environmental Rights Amendment
- FOIA
- Effluents
- Sediment Sites
- EHB
- Texas
- Missouri
- Pipelines
- Coal Ash
- Injunction
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Michigan
- Drinking Water
- North Carolina
- Bankruptcy
- Civil Penalties
- Clean Streams Law
- Hearing Board
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Damages
- Stigma
- Property Value
- Tax assessment
- Fair Market Value
- Storage Tank
- Energy
- Electric
- Fifth Circuit
- Indemnification
- Arizona
- Ninth Circuit
- OPRA
- Attorney-Client
- Iowa
- Fourth Circuit
- Discovery Rule
- Eighth Circuit
- Administrative Appeals
- Taxes
- Preemption
- CAFA
- Freshwater Wetlands Protect Act
- Inspection
- Residential
- New York
- Federal Energy Regulatory Commission
- Natural Gas Act
- Pennsylvania Department of Environmental Protection
- Mercury
- D.C. Circuit
- HAPs
- Hazardous Air Pollutants
- Condemnation
- Takings
- Natural Gas
- Storage
- Takings Clause
- Fifth Amendment
- Flooding
- Causation
- Spill Act
- NEPA
- Interior
- Mineral Leasing Act
- Tenth Circuit
- California
- Act 13
- Zoning
- Duty to Defend
- Insurance Coverage
- Eminent Domain
- Landfill
- Private Right of Action
- Sixth Circuit
- Illinois
- Water
- Diligent Prosecution
- Subject Matter Jurisdiction
- Citizen Suit
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Navigability
- Riverbed
- Equal-Footing Doctrine
- Montana
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Bona Fide Prospective Purchaser
- Green House Counsel
- Equity
- Boiler MACT
- Laches
- CISWI
- Delay Notice
- EPA
- Rulemaking
- Consent Decree
- Enforcement
- Contribution
- Declaratory Relief
- Second Circuit
- Procedure
- NPDES
- Standing
- Dimock
- Medical Monitoring
- Case Update
- Legislation
- Certification
- Contamination
- Dukes
- Louisiana
- CLE
- Privilege
- Work Product
- Discovery
- Expert Witness
- Defense Costs
- Insurance
- Consultant Liability
- Negligence
- Remediation
- Response Action Contractors
- Army Corps
- Donovan
- Rapanos
- Class Actions
- Nuisance
- Odors
- Trespass
- Farming
- Hog Barn
- Kentucky
- New Jersey
- ISRA
- Administrative Hearing
- Informal Agency Action
- RCRA
- Waste
- Cancer
- Combustion
- Emissions
- Railroad
- Air
- CERCLA
- Speaking Engagements
- Toxic Torts
- Federal Procedure
- Removal
- Third Circuit
- Clean Air Act
- Permits
- Statute of Limitations
- Title V
- Cost Recovery
- Cleanup
- Superfund
- Supreme Court
- Camp Lejeune
- Multi-District Litigation
- Statute of Repose
- Tolling
- Cases to Watch
- Administrative Procedures Act
- Deeds
- Clean Water Act
- Marcellus Shale
- Due Process
- Mineral Rights
- Enforcement Action
- Wetlands
- Royalties
- Decisions of Note
- Real Estate
- Drilling
- Exploration
- Leases
- Oil and Gas
Blog editor
Blog Contributors
Showing 3 posts in Montana.
A group of private landowners ended of 2017 with a Montana Supreme Court ruling, in Atlantic Richfield Company v. Montana Second Judicial District Court, that they could proceed with their state law claims for restoration damages against the owner of a site contaminated by a former copper smelter. No. 16-0555, 2017 WL 6629410 (Mont. December 29, 2017). In a split decision, the Court found that the landowners’ claims for restoration damages were not preempted by the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) because the claims did not constitute a challenge to the U.S. Environmental Protection Agency’s established cleanup plan for the Site. Read More »
|
Email|
Comments|
Topics: CERCLA, Cleanup, Contamination, Damages, Montana, Preemption, Private Right of Action, Real Estate, Remediation, Residential, Superfund, Trespass
Yesterday, the United States Supreme Court issued its decision in PPL Montana, LLC v. Montana, No. 10-218 (Feb. 22, 2012), which reads more like a wonderous travelogue than a judicial opinion. The decision can’t help but inspire one to put on a pair of hiking boots and set out for Montana. At least, the Montana explored by Lewis and Clark and that joined the United States in 1889. Read More »
|
Email|
Comments|
Topics: Decisions of Note, Equal-Footing Doctrine, Leases, Montana, Navigability, Public Lands, Real Estate, Riverbed, Supreme Court
This week, the Supreme Court of the State of Montana took a look at statute of limitations issues in the context of state law claims for trespass and nuisance in contamination cases in the case of Burley v. Burlington Northern & Santa Fe Railway Co., 2012 MT 28 (Feb. 7, 2012). The issue, which was certified to the Court from the United States District Court for the District of Montana was the following: Read More »
|
Email|
Comments|
Topics: Cleanup, Montana, Nuisance, Real Estate, Statute of Limitations, Toxic Torts, Trespass
