Environmental

Recent Posts

The Federal Hazardous Materials Transportation Act preempts state common law claims for design defects
Posted on 13 Jul 2011 by Thomas H. Clarke, Jr.

The plaintiff-employee, a chemical unloader, was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying his face and chest and thereby inflicting severe burns. The employee sued under common law... Read More

Marten Law on American Electric Power Co. v. Connecticut--U.S. Supreme Court Rejects Climate Change Nuisance Claims
Posted on 28 Jun 2011 by Steven G Jones

By Steven Jones, Partner, Marten Law PLLC "In an 8-0 opinion, the U.S. Supreme Court held on June 20 in American Electric Power Co. v. Connecticut (AEP) that federal courts do not have jurisdiction to hear federal common law nuisance claims relating... Read More

U.S. Supreme Court finds that statutory law of CAA displaces Federal common law and state tort law on issue of GHG emissions
Posted on 7 Jul 2011 by Thomas H. Clarke, Jr.

Several States, a city, and land trusts filed federal common law public nuisance claims against various power companies; they requested that the court set CO2 emission limits. In American Electric Power Co. et al v. Connecticut et al , 2011 U.S. LEXIS... Read More

Compliance With the Clean Air Act May Not Be Enough
Posted on 18 Sep 2013 by Babst Calland

A recent Third Circuit decision indicates that compliance with the requirements of the Clean Air Act (CAA) may not be sufficient to protect an owner or operator from state common law tort claims. In Bell v. Cheswick Generating Station (Aug. 20, 2013)... Read More

The Federal Hazardous Materials Transportation Act preempts state common law claims for design defects
Posted on 13 Jul 2011 by Thomas H. Clarke, Jr.

The plaintiff-employee, a chemical unloader, was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying his face and chest and thereby inflicting severe burns. The employee sued under common law... Read More

More on the American Electric Power Decision
Posted on 21 Jul 2011 by Jonathan Wells

By Jonathan Wells , Senior Associate, Alston & Bird LLP The United States Supreme Court has ruled that federal courts cannot use the federal common law of nuisance to regulate greenhouse gas emissions. In American Electric Power v. Connecticut... Read More

Legal Group Urges Court to Dismiss “Climate Change” Suit
Posted on 1 Aug 2011 by William Perry Pendley

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation July 29, 2011 - DENVER, CO. A Colorado nonprofit, public-interest legal foundation today urged a Colorado state court to dismiss a lawsuit filed... Read More

U.S. Supreme Court finds that statutory law of CAA displaces Federal common law and state tort law on issue of GHG emissions
Posted on 7 Jul 2011 by Thomas H. Clarke, Jr.

Several States, a city, and land trusts filed federal common law public nuisance claims against various power companies; they requested that the court set CO2 emission limits. In American Electric Power Co. et al v. Connecticut et al , 2011 U.S. LEXIS... Read More

Marten Law on American Electric Power Co. v. Connecticut--U.S. Supreme Court Rejects Climate Change Nuisance Claims
Posted on 28 Jun 2011 by Steven G Jones

By Steven Jones, Partner, Marten Law PLLC "In an 8-0 opinion, the U.S. Supreme Court held on June 20 in American Electric Power Co. v. Connecticut (AEP) that federal courts do not have jurisdiction to hear federal common law nuisance claims... Read More

Marten Law: Climate Change Lawsuits Get Chilly Reception
Posted on 25 Jun 2012 by Dustin T Till

By Dustin Till, Associate, Marten Law Group PLLC "The U.S. District Court for the District of Columbia recently dealt another blow to advocacy groups attempting to compel federal action on climate change via common law causes of actions. In... Read More