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Showing 2 posts in West Virginia.

Second Circuit Clarifies That There Can Be More Than One Remedial Action Under CERCLA For Statute of Limitations Purposes
Posted on August 4, 2020 by: Stephen D. Daly

In MPM Silicones, LLC v. Union Carbide Corporation, the U.S. Court of Appeals for the Second Circuit held that there can be more than one “remedial action” at a site under certain circumstances for the purpose of determining the statute of limitations under CERCLA. Dkt. No. 17-3468(L), 17-3669(XAP) (2d Cir. 2019). The decision clarified a statement in a prior decision by the Second Circuit that had suggested otherwise. Read More »

Energy Companies Prevail Against Landowners In Two Cases Involving Subsurface Drilling
Posted on June 14, 2019 by: Adam R. Podowitz-Thomas

Two recent decisions from two different states, Pennsylvania and West Virginia, suggest that courts are becoming increasingly skeptical of landowners seeking to capitalize on oil and gas companies utilizing horizontal directional drilling (HDD) to access resources under the property of the landowners. Read More »