Subscribe for updates
Recent Posts
- Federal District Court Holds that CERCLA Procedure for Natural Resource Damage Assessments Not Required as a Matter of Law
- Local Law Prohibiting Natural Gas Piping is Preempted, Ninth Circuit Holds
- District Court Failed to Consider Maui Factors as to Mining Company's Groundwater Discharges, Tenth Circuit Holds
- Federal District Court Excludes Expert Testimony in Flint Water Cases as Unreliable
- Federal District Court Rejects Divisibility of Harm Defense, Imposing Joint and Several Liability in CERCLA Action
Topics
- Internal Investigation
- Evidence
- Citizens Suit
- Georgia
- Federal Insecticide, Fungicide, and Rodenticide Act
- 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
- Potentially Responsible Parties
- Operator Liability
- Federal Circuit
- Environmental Covenants
- Apportionment
- National Contingency Plan
- Divisibility
- Strict Liability
- Water Pollution Control Act
- Utilities
- Public Utilities Commission
- Historic Resources
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Arbitration
- Alternative Dispute Resolution
- Climate Change
- Auer Deference
- Commonwealth Court
- Fees
- West Virginia
- Forest Service
- TSCA
- Martime
- Asbestos
- New Mexico
- Utah
- Tribal Lands
- Federal Tort Claims Act
- Gold King Mine
- Delaware Department of Natural Resources and Environmental Control
- Delaware
- FERC
- National Forest Management Act
- Endangered Species Act
- Chevron Deference
- United States Supreme Court
- HSCA
- Alter Ego
- Corporate Veil
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- PCBs
- Property Damage
- Building Materials
- First Circuit
- Groundwater
- Natural Resource Damages
- Innocent Party
- Brownfields
- Brownfield
- Environmental Rights Amendment
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- Effluents
- FOIA
- Sediment Sites
- EHB
- Texas
- Missouri
- Pipelines
- Injunction
- Coal Ash
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Michigan
- Drinking Water
- North Carolina
- Bankruptcy
- Civil Penalties
- Clean Streams Law
- Hearing Board
- Arranger Liability
- Retroactive
- Sovereign Immunity
- Damages
- Stigma
- Property Value
- Tax assessment
- Fair Market Value
- Storage Tank
- Electric
- Energy
- Fifth Circuit
- Indemnification
- Ninth Circuit
- Arizona
- OPRA
- Attorney-Client
- Iowa
- Fourth Circuit
- Discovery Rule
- Eighth Circuit
- Taxes
- Administrative Appeals
- 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
- Fifth Amendment
- Flooding
- Takings Clause
- Spill Act
- Causation
- NEPA
- Interior
- Tenth Circuit
- Mineral Leasing Act
- 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
- Riverbed
- Equal-Footing Doctrine
- Montana
- Navigability
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Laches
- Delay Notice
- EPA
- Consent Decree
- Boiler MACT
- Rulemaking
- CISWI
- Enforcement
- Equity
- Declaratory Relief
- Second Circuit
- Contribution
- Standing
- NPDES
- Procedure
- Medical Monitoring
- Dimock
- Case Update
- Legislation
- Contamination
- Dukes
- Louisiana
- Certification
- CLE
- Decisions of Note
- Cases to Watch
- Discovery
- Expert Witness
- Privilege
- Work Product
- Insurance
- CERCLA
- Cost Recovery
- Defense Costs
- Real Estate
- Negligence
- Remediation
- Response Action Contractors
- Consultant Liability
- Donovan
- Rapanos
- Army Corps
- Trespass
- Farming
- Hog Barn
- Kentucky
- Nuisance
- Odors
- Class Actions
- ISRA
- New Jersey
- Informal Agency Action
- Administrative Hearing
- RCRA
- Waste
- Air
- Cancer
- Combustion
- Emissions
- Railroad
- Speaking Engagements
- Third Circuit
- Toxic Torts
- Federal Procedure
- Removal
- Clean Air Act
- Permits
- Statute of Limitations
- Title V
- Cleanup
- Superfund
- Supreme Court
- Multi-District Litigation
- Statute of Repose
- Tolling
- Camp Lejeune
- Clean Water Act
- Marcellus Shale
- Due Process
- Mineral Rights
- Enforcement Action
- Wetlands
- Administrative Procedures Act
- Deeds
- Drilling
- Exploration
- Leases
- Oil and Gas
- Royalties
Blog editor
Blog Contributors
- Danielle N. Bagwell
- Brielle A. Brown
- Kate Campbell
- Stephen D. Daly
- Thomas M. Duncan
- Kelly A. Hanna
- Jessica D. Hunt
- Todd D. Kantorczyk
- Dylan G. LaMorte
- Brandon P. Matsnev
- Giselle F. Mazmanian
- Nicole R. Moshang
- Shoshana (Suzanne Ilene) Schiller
- Diana A. Silva
- Alice Douglas Solomon
- Natalia P. Teekah
- Garrett D. Trego
Showing 4 posts in Multi-District Litigation.
On June, 23, 2023, in the decision In re First Reserve Management., L.P., No. 22-0227, 2023 WL 4140454 (Tex. June 23, 2023), the Texas Supreme Court analyzed when a corporate parent’s control over its subsidiary’s operations might give rise to the parent’s liability under a “negligent undertaking” theory. The Texas Supreme Court held that, in order to sustain a negligent undertaking theory against a corporate parent for its role in its subsidiary’s operations under Texas law, a plaintiff must have proof that the parent engaged in affirmative, direct control of the aspect of the operations of the subsidiary that gave rise to the alleged injury. It is not enough that the parent appoints directors of the subsidiary, or that it owns a controlling stake in the subsidiary. The decision emphasizes that a corporate parent’s liability for the actions of its subsidiary is the exception, and not the general rule, and it is a plaintiff’s obligation to plead facts in support of any exception to the general rule that it intends to rely upon. Read More »
On August 3, 2021, in the Methyl Tertiary Butyl Ether (“MTBE”) MDL the Court ruled that while the Commonwealth of Pennsylvania's alter ego allegations were sufficient to pierce the corporate veil as between defendants Lukoil Americas Corporation and its subsidiary Getty Petroleum Marketing Inc. for jurisdictional purposes, they were not sufficient to pierce the veil for liability purposes, nor was there successor liability, resulting in the dismissal of all claims against LAC. Read More »
With increasing frequency, courts around the country are using their inherent power to control the proceedings before them in order to structure environmental and toxic tort cases in such a way as to reduce, as much as possible, cases to their essence and, more importantly, ensure that the time and resources of parties are not needlessly wasted on discovery or lengthy proceedings when spurious claims are brought. And that’s exactly what has happened in the case of Strudley v. Antero Resources Corp., No. 2011 CV 2218 (Denver Co. Dist. Court May 9, 2012), where the Court dismissed plaintiffs’ claims against companies involved in drilling natural gas wells when the plaintiffs failed to show, prior to the initiation of discovery, that there was a prima facie basis for associating their personal injury claims with the defendants’ activities. Read More »
On September 29th, the U.S. District Court for the Northern District of Georgia handed down the first significant ruling of many expected to come out of the Multi-District Litigation involving contaminated drinking water at North Carolina’s Camp Lejeune Marine Corps Base. Judge J. Owen Forrester, who is presiding over what may end up to be thousands of lawsuits alleging illness or death associated with the tainted water, held that the United States could not rely on North Carolina’s 10-year statute of repose to obtain dismissal of a plaintiff’s claims – even though the contamination occurred well more than 10 years prior to the filing of suit. Read More »