
Subscribe for updates
Recent Posts
- Colorado District Court Puts Brakes on Denver Dam Work Pending Environmental Review
- Tenth Circuit Applies Statute of Limitations That Is “Closest Fit” in CERCLA Action, Overrules Earlier Precedent
- New Jersey Weighs in on State Climate Tort Claims
- First Circuit Holds that Smelling Vehicle Exhaust Constitutes Injury-in-Fact under Clean Air Act
- Ninth Circuit Upholds Vacatur of Some Oil and Gas Leases
Topics
- NJDEP
- Connecticut
- Pollutants
- Federal Land Policy and Management Act
- Agency Action
- Loper Bright
- 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
- Solvents
- National Priorities List
- Vapor Intrusion
- Price-Anderson Act
- Solid Waste Management Act
- Successor Liability
- Personal Jurisdiction
- Potentially Responsible Parties
- Operator Liability
- Federal Circuit
- Environmental Covenants
- National Contingency Plan
- Apportionment
- Divisibility
- Water Pollution Control Act
- Strict Liability
- Historic Resources
- Utilities
- Public Utilities Commission
- Hydraulic Fracturing
- Water Use
- PFAS
- Ohio
- Alternative Dispute Resolution
- Arbitration
- Climate Change
- Auer Deference
- Fees
- Commonwealth Court
- West Virginia
- Forest Service
- TSCA
- Martime
- Asbestos
- New Mexico
- Tribal Lands
- Gold King Mine
- Utah
- Federal Tort Claims Act
- Delaware
- Delaware Department of Natural Resources and Environmental Control
- FERC
- National Forest Management Act
- Chevron Deference
- Endangered Species Act
- United States Supreme Court
- 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
- 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
- Drinking Water
- Michigan
- North Carolina
- Bankruptcy
- Hearing Board
- Clean Streams Law
- Civil Penalties
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Stigma
- Fair Market Value
- Tax assessment
- Damages
- Property Value
- Storage Tank
- Electric
- Indemnification
- Energy
- Fifth Circuit
- Ninth Circuit
- Arizona
- Attorney-Client
- OPRA
- Iowa
- Discovery Rule
- Fourth Circuit
- 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
- Spill Act
- Causation
- NEPA
- Interior
- Mineral Leasing Act
- Tenth Circuit
- California
- Act 13
- Zoning
- Insurance Coverage
- Duty to Defend
- Eminent Domain
- Landfill
- Sixth Circuit
- Private Right of Action
- Water
- Illinois
- Subject Matter Jurisdiction
- Citizen Suit
- Diligent Prosecution
- 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
- EPA
- Laches
- Boiler MACT
- Delay Notice
- Rulemaking
- Equity
- CISWI
- Consent Decree
- Enforcement
- Second Circuit
- Contribution
- Declaratory Relief
- NPDES
- Procedure
- Standing
- Medical Monitoring
- Dimock
- Case Update
- Legislation
- Contamination
- Louisiana
- Dukes
- Certification
- CLE
- Cases to Watch
- Privilege
- Decisions of Note
- Expert Witness
- Discovery
- Work Product
- Defense Costs
- Cost Recovery
- CERCLA
- Insurance
- Real Estate
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Rapanos
- Donovan
- Army Corps
- Trespass
- Farming
- Odors
- Nuisance
- Class Actions
- Hog Barn
- Kentucky
- New Jersey
- ISRA
- Informal Agency Action
- Administrative Hearing
- Cancer
- Emissions
- Waste
- Air
- Combustion
- RCRA
- Railroad
- 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
- Wetlands
- Mineral Rights
- Administrative Procedures Act
- Enforcement Action
- Marcellus Shale
- Due Process
- Deeds
- Clean Water Act
- Exploration
- Royalties
- Drilling
- Oil and Gas
- Leases
Blog editor
Blog Contributors
Showing 3 posts in Ohio.
On March 1, 2021, the U.S. District Court for the Southern District of Ohio issued a ruling denying in part the summary judgment motion of Defendants Ingersoll-Rand and Trane U.S., against whom Plaintiff FIP Realty Co. brought various claims related to the historic release of VOCs on a site now owned by Plaintiff. See Fip Realty Co. v. Ingersoll-Rand Plc, No. 2:19-cv-03291. After acquiring the site out of receivership in 2010, Plaintiff retained several environmental consulting firms and undertook voluntary remediation efforts pursuant to the Ohio Voluntary Action Program (VAP). Six years later Plaintiff submitted a No Further Action (NFA) letter to the Ohio EPA, which in turn issued a Final Order and Covenant releasing Plaintiff from liability at the site as a result of its successful remediation. In 2019 Plaintiff filed the instant lawsuit seeking to recover remediation costs under CERCLA Sections 107(a) and 113(f)(3)(B), and to obtain a declaratory judgment under Section 113(g)(2) that Defendants are liable for all future costs. Defendants moved for summary judgment on various issues, two of which are the subject of disagreement among the federal appellate courts. Read More »
In late July 2020, the United States District Court for the Southern District of Ohio granted in part and denied in part defendants’ motion to dismiss in a case involving releases of uranium radiation and other non-radioactive waste onto plaintiffs’ property. See Op. and Order, McGlone v. Centrus Energy Corp., et al., Case No. 2:19-cv-02196 (S.D. Ohio, July 31, 2020). Claims involving the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and the Price-Anderson Act and were dismissed for failing to state a claim, while most state law tort claims for releases of non-radioactive waste were permitted to move forward, the court clarifying that medical monitoring exists as a form of damages under Ohio law and not as a separate claim. Read More »
Earlier this month, the United States District Court for the Southern District of Ohio denied motions to dismiss filed by 3M Company, DuPont, Chemours, and other chemical companies in a putative class action lawsuit relating to exposure to PFAS chemicals. Hardwick v. 3M Company, Case No. 2:18-cv-1185 (S.D. Ohio). The court held that the named plaintiff had properly alleged an injury-in-fact for purposes of Article III standing and Ohio law by claiming that he was exposed to PFAS chemicals and that PFAS have been linked to negative health outcomes, despite arguments by the chemical companies that he had not suffered an actual, compensable injury. Read More »