LexisNexis® Legal Newsroom
EPA Spanish Web Site to inform Spanish-speaking public about health, environmental impacts of Oil Spill

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 nearby residents. The Web site – http://www...

Plastic garbage zones are not just in the Pacific

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 Great Pacific Garbage Patch is estimated to be...

Bryant Gardner Examines Legislative Developments as a result of the Deepwater Horizon Oil Spill

“The tragic loss of the DEEPWATER HORIZON on April 20, 2010 and still mounting environmental damages from the leaking "Macondo" well at Mississippi Canyon Block 252 have produced a robust, if not always like-minded reaction, in Washington,” writes Bryant Gardner. “As in the...

Amphibians face threats from chemicals across the landscape

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, including intersex frogs (those with both male...

Top 10 Environmental Watch List for 2011

In case you missed it, the Vermont Law School’s Environmental Law Center launched its first annual Top 10 Environmental Watch List. Makes for an interesting read. See http://watchlist.vermontlaw.edu/ .

Oil from Gulf of Mexico spill may still be present, particularly on the Gulf floor

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 evidence indicates that the latter assertion...

The manufacturer of PCE dry cleaning machine filtering system is not a CERCLA arranger

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 used Puritan Rescue 800 filter-and-still combination...

Ninth Circuit Holds that Dry Cleaning Equipment Manufacturers Must Engage in Active, Not Merely Passive, Activities to be Liable Under RCRA

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 tools used in such litigation is the citizen-suit...

Bank Not Liable For Auction Sale of Contaminated Property

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 advertising notice stated that the sale...

Colorado Hydraulic Fracturing Toxic Tort Case Dismissed By Lone Pine Order, 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) prior to the commencement of pre-trial discovery....

Should Company Directors and Officers Be Personally Liable for Environmental Contamination They Did Not Cause?

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 directors may eventually affect the management and...