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
- Evidence
- Internal Investigation
- Citizens Suit
- Federal Insecticide, Fungicide, and Rodenticide Act
- FIFRA
- 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
- Vapor Intrusion
- Solvents
- National Priorities List
- Price-Anderson Act
- Solid Waste Management Act
- Successor Liability
- Personal Jurisdiction
- Potentially Responsible Parties
- Operator Liability
- Federal Circuit
- Environmental Covenants
- National Contingency Plan
- Divisibility
- Apportionment
- Strict Liability
- Water Pollution Control Act
- Historic Resources
- Utilities
- Public Utilities Commission
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Arbitration
- Alternative Dispute Resolution
- Climate Change
- Auer Deference
- Commonwealth Court
- Fees
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Federal Tort Claims Act
- Gold King Mine
- New Mexico
- Utah
- Tribal Lands
- Delaware
- Delaware Department of Natural Resources and Environmental Control
- National Forest Management Act
- FERC
- Chevron Deference
- United States Supreme Court
- Endangered Species Act
- HSCA
- Corporate Veil
- Alter Ego
- 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
- Clean Streams Law
- Hearing Board
- Civil Penalties
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Tax assessment
- Fair Market Value
- Stigma
- Damages
- Property Value
- Storage Tank
- Energy
- Electric
- Fifth Circuit
- Indemnification
- Arizona
- Ninth Circuit
- OPRA
- Attorney-Client
- Iowa
- Fourth Circuit
- Discovery Rule
- Eighth Circuit
- Taxes
- Administrative Appeals
- Preemption
- CAFA
- Freshwater Wetlands Protect Act
- Inspection
- Residential
- New York
- Pennsylvania Department of Environmental Protection
- Federal Energy Regulatory Commission
- Natural Gas Act
- HAPs
- Hazardous Air Pollutants
- Mercury
- D.C. Circuit
- Condemnation
- Takings
- Storage
- Natural Gas
- 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
- Water
- Illinois
- Diligent Prosecution
- Subject Matter Jurisdiction
- Citizen Suit
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Equal-Footing Doctrine
- Montana
- Navigability
- Riverbed
- Seventh Circuit
- Indiana
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Rulemaking
- CISWI
- Enforcement
- Equity
- Laches
- Consent Decree
- Delay Notice
- EPA
- Boiler MACT
- Contribution
- Declaratory Relief
- Second Circuit
- Procedure
- Standing
- NPDES
- Medical Monitoring
- Dimock
- Case Update
- Legislation
- Certification
- Contamination
- Dukes
- Louisiana
- CLE
- Expert Witness
- Privilege
- Work Product
- Decisions of Note
- Cases to Watch
- Discovery
- CERCLA
- Cost Recovery
- Defense Costs
- Insurance
- Real Estate
- Remediation
- Response Action Contractors
- Consultant Liability
- Negligence
- Rapanos
- Army Corps
- Donovan
- Kentucky
- Nuisance
- Class Actions
- Odors
- Trespass
- Farming
- Hog Barn
- ISRA
- Informal Agency Action
- Administrative Hearing
- New Jersey
- Combustion
- Emissions
- Railroad
- RCRA
- Waste
- Air
- Cancer
- Speaking Engagements
- Toxic Torts
- Federal Procedure
- Removal
- Third Circuit
- Permits
- Statute of Limitations
- Title V
- Clean Air Act
- Superfund
- Supreme Court
- Cleanup
- Statute of Repose
- Tolling
- Camp Lejeune
- Multi-District Litigation
- Deeds
- Administrative Procedures Act
- Marcellus Shale
- Clean Water Act
- Due Process
- Mineral Rights
- Enforcement Action
- Wetlands
- 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 15 posts in Subject Matter Jurisdiction.
In a unanimous decision of a three judge panel last week, the Second Circuit decided that it lacked jurisdiction to overturn a S.D.N.Y. judge’s order enforcing the terms of the Tronox bankruptcy settlement against a group of more than 4,000 Pennsylvania state court plaintiffs. Tronox, Inc. v. Kerr-McGee Corp., No. 16-343, 2017 U.S. App. LEXIS 6949 (2d Cir. Apr. 20, 2017). Both the district court’s decision and the Second Circuit’s decision protected Kerr-McGee, bankrupt Tronox’s corporate parent, from a Pennsylvania toxic tort suit related to contamination surrounding a wood treatment plant in Avoca, Pennsylvania. Read More »
Last week, the United States Court of Appeals for the Third Circuit struck down challenges by environmental organizations to the Federal Energy Regulatory Commission’s (FERC) approval of an expansion of the Transcontinental pipeline, a 10,000-mile pipeline that extends from South Texas to New York City and is operated by Transcontinental Gas Pipe Line Company, LLC (“Transco”). In doing so, however, the Court held that the environmental organizations had properly invoked a provision of the federal Natural Gas Act to challenge water quality-related permits issued by the states of Pennsylvania and New Jersey. Thus, the decision, Delaware Riverkeeper Network v. Sec’y Pa. Dep’t of Envtl. Prot, No. 15-2122 (3d Cir. August 8, 2016), provides that the Court of Appeals has exclusive jurisdiction over challenges to permits issued to an interstate natural gas facility to certify compliance with State water quality standards promulgated under federal supervision, as well as with federally-established Clean Water Act requirements. Read More »
Earlier this month, a Michigan federal judge refused to dismiss a lawsuit brought by a coalition of plaintiffs seeking to force multiple city and state defendants to fix the city of Flint, Michigan’s water supply system. The lawsuit arose from the crisis regarding lead contamination in Flint’s water supply, which has garnered national attention. In the decision, Concerned Pastors for Soc. Action v. Khouri, No. 16-10277 (E.D. Mich. July 7, 2016), U.S. District Judge David M. Lawson rejected numerous attacks asserted by the defendants in a motion to dismiss. Perhaps most notably, the judge rejected the argument that the federal court should defer to the U.S. Environmental Protection Agency’s (EPA) primary jurisdiction under the Safe Drinking Water Act (SDWA). Read More »
In a precedential decision issued by the Third Circuit Court of Appeals in the case of Vodenichar v. Halcon Energy Properties, Inc., No. 13-2812 (Aug. 16, 2013), the Court addressed the two exceptions to the Class Action Fairness Act that permits remand to state courts of class action complaints over which the federal courts would otherwise have jurisdiction. First, the Court provided guidance as to the interpretation of the term “primary defendants” for the purposes of 28 U.S.C. § 1332(d)(4)(B) and, second, held that the “other class action” language of 28 U.S.C. § 1332(d)(4)(A) was not intended to encompass prior actions between the same parties where the procedural history indicates that the second suit was merely a continuation of the prior suit. Read More »
In the second appellate case within the past year addressing the “diligent prosecution” bar under environmental citizen suit provisions, the Fifth Circuit Court of Appeals held last week that the Clean Water Act’s bar on citizen suits when governmental enforcement action is underway is not jurisdictional – reversing the dismissal of a citizen suit at the Rule 12(b)(6) stage, and remanding the case for further proceedings before the district court. Read More »