Environmental

Recent Posts

Should Company Directors and Officers Be Personally Liable for Environmental Contamination They Did Not Cause?
Posted on 12 Aug 2013 by Dianne Saxe

By Dianne Saxe, Ontario Environmental Lawyer “Directors’ liability is one of the primary instruments used by policymakers to promote good corporate governance. However, … [t]he imposition of ever-increasing personal liability on... Read More

Ninth Circuit Holds that Dry Cleaning Equipment Manufacturers Must Engage in Active, Not Merely Passive, Activities to be Liable Under RCRA
Posted on 19 Mar 2012 by Thomas H. Clarke, Jr.

In litigation involving soil and/or groundwater contamination from releases related to dry cleaning equipment and PCE, it has been common for injured property owners to sue the dry cleaning equipment manufacturers, among others. One of the primary legal... Read More

Bank Not Liable For Auction Sale of Contaminated Property
Posted on 17 May 2012 by Larry Schnapf

By Lawrence Schnapf, Principal, Schnapf LLC In Lusk v First Century Bank, 2012 W. Va. LEXIS 241 (Sup. Ct. 4/27/12) , the plaintiff/petitioners purchased a commercial property at an auction foreclosure sale. The Notice of Trustee's Sale and Regency's... Read More

The manufacturer of PCE dry cleaning machine filtering system is not a CERCLA arranger
Posted on 4 Aug 2011 by Thomas H. Clarke, Jr.

Since 1980, Team Enterprises, LLC leased space in a shopping center in Modesto, California, where it operated a dry cleaning store. From 1980 to 2004, Team used PCE in its dry cleaning equipment, and the machines generated wastewater containing PCE. Team... Read More

Colorado Hydraulic Fracturing Toxic Tort Case Dismissed By Lone Pine Order, by William A. Ruskin
Posted on 23 May 2012 by William A. Ruskin

By William A. Ruskin A Lone Pine Order is an innovative judicial case management tool that requires toxic tort plaintiffs to produce credible expert evidence to support their theory of causation (or another key component of plaintiffs' claim)... Read More

EPA Spanish Web Site to inform Spanish-speaking public about health, environmental impacts of Oil Spill
Posted on 25 May 2010 by LexisNexis Environmental Law Community Staff

WASHINGTON – As part of the ongoing federal response to the BP oil spill in the Gulf of Mexico, EPA has launched a Spanish language Web site to inform the Spanish-speaking public about the spill’s impact on the environment and the health of... Read More

Ninth Circuit Holds that Dry Cleaning Equipment Manufacturers Must Engage in Active, Not Merely Passive, Activities to be Liable Under RCRA
Posted on 19 Mar 2012 by Thomas H. Clarke, Jr.

In litigation involving soil and/or groundwater contamination from releases related to dry cleaning equipment and PCE, it has been common for injured property owners to sue the dry cleaning equipment manufacturers, among others. One of the primary legal... Read More

Colorado Hydraulic Fracturing Toxic Tort Case Dismissed By Lone Pine Order, by William A. Ruskin
Posted on 23 May 2012 by William A. Ruskin

By William A. Ruskin A Lone Pine Order is an innovative judicial case management tool that requires toxic tort plaintiffs to produce credible expert evidence to support their theory of causation (or another key component of plaintiffs' claim... Read More

Oil from Gulf of Mexico spill may still be present, particularly on the Gulf floor
Posted on 9 Apr 2011 by Thomas H. Clarke, Jr.

Prior posts have noted that the dispersants used in the BP spill had a longer than anticipated life in the Gulf. Additionally, prior posts have noted the evidence supporting the thesis that the oil was consumed by microbes unusually fast. Recently published... Read More

Plastic garbage zones are not just in the Pacific
Posted on 6 Jun 2010 by Thomas H. Clarke, Jr.

The plastic garbage patch in the Pacific Ocean has received substantial media attention. However, recent studies have shown that there are a number of such garbage patches, and that unfortunately they are larger than originally believed. The so-called... Read More

Amphibians face threats from chemicals across the landscape
Posted on 30 Dec 2010 by Thomas H. Clarke, Jr.

Numerous prior posts have noted various theories and evidence for the reduction in number of frogs found in various environments. Taking a step back from focusing on agricultural lands and practices, some researchers are surveying the presence of frogs... Read More

The manufacturer of PCE dry cleaning machine filtering system is not a CERCLA arranger
Posted on 4 Aug 2011 by Thomas H. Clarke, Jr.

Since 1980, Team Enterprises, LLC leased space in a shopping center in Modesto, California, where it operated a dry cleaning store. From 1980 to 2004, Team used PCE in its dry cleaning equipment, and the machines generated wastewater containing PCE. Team... Read More

Bank Not Liable For Auction Sale of Contaminated Property
Posted on 17 May 2012 by Larry Schnapf

By Lawrence Schnapf, Principal, Schnapf LLC In Lusk v First Century Bank, 2012 W. Va. LEXIS 241 (Sup. Ct. 4/27/12) , the plaintiff/petitioners purchased a commercial property at an auction foreclosure sale. The Notice of Trustee's Sale and Regency's... Read More