Levin v. Commerce Energy, Inc., 2010 U.S. LEXIS 4380 (U.S. June 1, 2010)

Where an adequate state court forum was available, comity considerations precluded federal review of independent natural gas marketers' suit against Ohio Tax Commissioner for discriminatory state taxes, as compared to a competitor, in violation of the Commerce and Equal Protection Clauses. Sixth...

State Agency does not necessarily have exclusive expertise to address remediation such that CWA & RCRA citizen suit claims are to be dismissed, especially where there is a lack of ongoing formal state proceedings

NL Industries owned a site through 2005. It entered into an administrative consent order with the State of New Jersey which required it to clean-up part of a site and investigate other portions, including sediments in an adjacent river. The sediments showed elevated metals. NL concluded that the...

On Abstention, Multi-Part Tests and Being Mistaken for David Bowie

Who would have thought that abstention could be so interesting? Judge Leif Clark has written an opinion on abstention which jabs at some of the boilerplate language found in motions to abstain and contains a footnote destined to become a Clark-classic. The Official Committee of Unsecured Creditors of...