Mealey's Toxic Tort/Environmental - Wells Of Hydraulic Fracturing Wastewater Can Trigger Earthquakes, Researchers Say

JONES, Okla. - The injection of wastewater used in the hydraulic fracturing process of extracting oil and gas is responsible for earthquakes in Oklahoma, according to study published July 4 on the web site of Science Magazine.

Mealey's Toxic Tort/Environmental - EU Official: Germany Should Not Rule Out Hydraulic Fracturing, Website Reports

BERLIN - The Energy Commissioner for the European Union says that all of Europe eventually could get one-tenth of its power needs from hydraulic fracturing of shale and that Germany should not dismiss that possibility, according to a July 7 report on a website for news and policy issues affecting the...

Mealey's Toxic Tort/Environmental - Judge: Groups' Request For Temporary Restraining Order Against New Rule Untimely

SACRAMENTO, Calif. - A motion for a temporary restraining order (TRO) filed by two industry trade associations seeking to prevent the implementation of a rule adopted by the U.S. Environmental Protection Agency that would require wastewater treatment facilities in California to use a two-concentration...

Mealey's Toxic Tort/Environmental - Pollution Exclusion Prevents Coverage For Groundwater Contamination, Judge Says

INDIANAPOLIS - A federal judge in the U.S. District Court for the Southern District of Indiana on July 7 ruled that a pollution exclusion in a company's insurance policy "unambiguously excluded" it from coverage for groundwater contamination caused by trichloroethylene (TCE) and other chemicals...

Mealey's Toxic Tort/Environmental - Judge: Resident's 'Atrocious' Claim For Distress Related To Gas Pipeline Fails

TALLAHASSEE, Fla. - A federal judge in Florida on July 7 ruled that a resident's claim for infliction of emotional distress against a gas company because its pipelines bordered his property was "atrocious and utterly intolerable" such that he failed to state claim upon which relief could...

Mealey's Toxic Tort/Environmental - Ohio Court Affirms Dismissal Of Asbestos Action Naming Incorrect Estate Executor

CLEVELAND - A widow likely knew of a change in the executor of her late husband's estate at least a year before she filed a motion challenging it as improper, an Ohio appeals court held July 3 in affirming dismissal of an asbestos action with prejudice (National City Bank, executor, etc. v. Goodyear...

Mealey's Toxic Tort/Environmental - Judge Approves Consent Decree Between Government, IBM For Cleanup Costs

WHITE PLAINS, N.Y. - A federal judge in New York on July 2 approved a consent decree between the federal government and International Business Machine Corp. (IBM) in which the company would reimburse the government for $225,000 it has spent to remediate contamination from a site in East Fishkill, N.Y...

Mealey's Toxic Tort/Environmental - Judge Grants Couple Extension To Comply With Florida Asbestos Statute

WILMINGTON, Del. - Concluding that the alternative would certainly doom a couple's asbestos claims, a Delaware judge on July 2 granted them an extension of time to comply with Florida's asbestos statutes (Harry A. Davis and Madonna S. Davis v. Ace Hardware Corp., et al., No. 12-1185, D. Del.;...

Mealey's Toxic Tort/Environmental - 5th Circuit Finds Court Erred In Deciding Defense Costs Issue In Mold Case

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 7 partially reversed a summary judgment ruling in relation to defense costs incurred in an underlying coverage action for mold claims, finding that the trial court erred when it failed to consider whether a residential company had met its...

Mealey's Toxic Tort/Environmental - Lago Agrio Plaintiffs: Ruling Should Be Reversed, Chevron Cannot Show Misconduct

NEW YORK - The attorney and the law firm representing Ecuadorian plaintiffs who sued Chevron Corp. alleging environmental contamination filed a brief in the Second Circuit U.S. Court of Appeals on July 2, contending that the judgment of the U.S. District Court for the Southern District of New York that...

Mealey's Toxic Tort/Environmental - Soil Contamination Case Remanded To State Court; Judge Says Criteria Not Met

LAFAYETTE, La. - A federal magistrate judge in the U.S. District Court for the Western District of Louisiana on July 3 ruled that a soil contamination case should be remanded to state court because the defendants did not meet the criteria for having it removed to federal court (Elizabeth R. Creadeur...

Mealey's Toxic Tort/Environmental - Pollution Exclusion Bars Coverage For Oil Spill, Mass. Appeals Panel Says

BOSTON - An insurer has no duty to provide coverage beyond $5,000 for property damage caused by an oil spill because the policy's pollution exclusion bars additional coverage, the Massachusetts Appeals Court said July 2 (Frank Izdebski v. Hanover Insurance Group Inc., Nos. 12-P-1950, 12-P-1951, Mass...

Mealey's Toxic Tort/Environmental - Appeals Court Upholds EPA's Decision To Add Site To Superfund List

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on July 8 denied CTS Corp.'s petition challenging the U.S. Environmental Protection Agency's decision in 2011 to add a site in Asheville, N.C. that was formerly owned by a subsidiary of the company to the National Priorities...

Mealey's Toxic Tort/Environmental - California Court Reinstates Case Featuring Belated Admission Of Work At Site

LOS ANGELES - A plaintiff responded with more than mere "boilerplate" allegations of asbestos exposure after a company's belated concession that it performed work at a job site, a California appeals court held July 8 in reinstating the claims (Rose Marie Ganoe, etc., et al. v. Metalclad...

Mealey's Toxic Tort/Environmental - N.Y. Justice Criticizes Defendant's Discovery Efforts But Denies Sanctions

NEW YORK - An asbestos defendant's request for more time to review discovery is moot and baseless in light of its own failures, while plaintiffs' request for sanctions is unwarranted as both parties violated discovery orders, a New York justice held in an opinion posted July 8 (In re: New York...

Mealey's Toxic Tort/Environmental - State Of Maine Sues EPA, Claiming 'Exclusive Authority' To Regulate Water Quality

AUGUSTA, Maine - The commissioner of the Department of Environmental Protection (DEP) for the State of Maine on July 7 filed a lawsuit in the U.S. District Court for the District of Maine against Gina McCarthy in her role as the administrator for the U.S. Environmental Protection Agency, contending that...

Mealey's Toxic Tort/Environmental - Trust Holding Mineral Rights Had Chance, Failed To Object To Wastewater Well Plan

AUSTIN, Texas - A Texas appeals court on July 3 ruled that a trust could not object to the plan of a wastewater disposal company that wants to drill a well on land where the trust owns mineral rights because the trust had proper notice of the drilling company's application and failed to properly...

Mealey's Toxic Tort/Environmental - Justice Finds Credibility Of Realtor's Product ID A Question For Jury

NEW YORK - A boiler maker's challenges to product identification by a woman allegedly exposed to asbestos as a social worker and real estate agent goes to credibility and does not warrant judgment, a New York justice held in an opinion posted July 8 (Harriet Noble and Robert Berger v. A.O. Smith...

Mealey's Toxic Tort/Environmental - California Top Court Rejects Case Involving Michigan Punitive Damages Ban

SAN FRANCISCO - The California Supreme Court on July 9 declined a petition challenging an appeals court's conclusion that Michigan's ban on punitive damages did not apply in a California asbestos action, according to its docket (Patrick Scott, et al. v. Ford Motor Co., No. S218322, Calif. Sup...

Mealey's Toxic Tort/Environmental - 5th Circuit: Government Not Liable For Breach In Allowing Drilling On Tribal Land

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on July 10 ruled that the U.S. government was not liable for a breach of fiduciary duty to a tribe of Native Americans who claim aboriginal title to land on which the government is approving oil drilling licenses because the tribe failed...

Mealey's Toxic Tort/Environmental - Federal Judge Vacates Pollution Board's Denial Of Limited Liability Request

CHICAGO - A federal judge in Illinois on July 9 vacated the National Pollution Funds Center's (NPFC) ruling denying a request submitted by two insurance companies, its subrogees and assignees for limited liability stemming from an oil spill that occurred in Chicago Ship and Sanitary Canal in 2005...

Mealey's Toxic Tort/Environmental - U.S. Senate Passes Bill Giving Nevada Authority To Clean Up Contaminated Mine Site

WASHINGTON, D.C. - The U.S. Senate on July 9 passed a resolution that will convey a parcel of land to a redevelopment agency in Nevada to provide for the remediation of lead and arsenic in the contaminated soil.

Mealey's Toxic Tort/Environmental - 2nd Circuit: 211 World Trade Center Plaintiffs' Claims Wrongly Dismissed

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on July 10 partially vacated and partially affirmed a District Court ruling, concluding that the lower court erred when it dismissed the claims of 211 plaintiffs who alleged that they had been injured as a result of exposure to chemicals...

Mealey's Toxic Tort/Environmental - MDL Judge Allows Punitives In Maritime Asbestos Cases Alleging Unseaworthiness

PHILADELPHIA - Punitive damages are available under maritime asbestos law to seaman alleging injury from a vessel's unseaworthiness but not for survival actions, the federal judge overseeing the maritime asbestos multidistrict litigation held July 9 (In re: Asbestos Products Liability Litigation...

Mealey's Toxic Tort/Environmental - Senate Democrats Introduce Contraceptive Coverage Bill Reversing Hobby Lobby

WASHINGTON, D.C. - An employer's religious preferences could not block employee access to contraceptives provided for in the Patient Protection and Affordable Care Act (ACA) under legislation introduced by two Senate Democrats on July 9.