Environmental

Recent Posts

Further Asian Carp Barriers Proposed
Posted on 5 Jan 2015 by E. Lynn Grayson

Efforts continue to prevent Asian carp from entering Lake Michigan through the Chicago waterway system. The latest proposal under consideration by the Army Corps of Engineers (ACOE) is to install controls at the Brandon Road Lock and Dam near Joliet,... Read More

Recent experiments demonstrate that beaked whales are sensitive to sonar
Posted on 26 Jun 2011 by Thomas H. Clarke, Jr.

Some marine mammals, such as harbor porpoises, have been shown to be sensitive to sound, such as that generated by sonar; some marine mammals do not seem to be bothered. Using a large array of underwater microphones, assessment of marine mammal impacts... 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

A Videocast on the Application of Rylands v. Fletcher In Nuisance Actions
Posted on 10 Dec 2011 by Dianne Saxe

Noted Canadian environmental lawyer Dianne Saxe has prepared an excellent video analysis of a recent Canadian appellate decision, Smith v. Inco , that looks at the application of the famous strict liability case from England , Rylands v. Fletcher, [1868... Read More

More Thinking About Smith v Inco – A Videocast Analysis by Dianne Saxe
Posted on 10 Dec 2011 by Dianne Saxe

Noted Canadian environmental lawyer Dianne Saxe has prepared an excellent video analysis of a recent Canadian appellate decision, Smith v. Inco , that looks at the application of the famous strict liability case from England , Rylands v. Fletcher, [1868... Read More

A Videocast on the Application of Rylands v. Fletcher In Nuisance Actions
Posted on 10 Dec 2011 by Dianne Saxe

Noted Canadian environmental lawyer Dianne Saxe has prepared an excellent video analysis of a recent Canadian appellate decision, Smith v. Inco , that looks at the application of the famous strict liability case from England , Rylands v. Fletcher, [1868... Read More

Marten Law: Virginia Supreme Court to Decide Insurance Coverage for Climate Change Suits--AES Corp. v. Steadfast Insurance Co.
Posted on 15 Jun 2011 by Steven G Jones

By Steven Jones, Partner, Marten Law PLLC "The Supreme Court of Virginia will soon decide whether a claim for damages alleged to have resulted from climate change is a covered 'occurrence' under standard general liability policies,"... Read More

Electric Utilities and States Present Oral Arguments in Supreme Court on Second Circuit Ruling on Power Plant Emissions
Posted on 21 Apr 2011 by Shane Dilworth

WASHINGTON, D.C. - (Mealey's) On Tuesday, April 19, The U.S. Supreme Court heard oral arguments over whether it should uphold a Second Circuit ruling reinstating two lawsuits brought by eight states seeking to limit emissions from five power companies... Read More

More Thinking About Smith v Inco – A Videocast Analysis by Dianne Saxe
Posted on 10 Dec 2011 by Dianne Saxe

Noted Canadian environmental lawyer Dianne Saxe has prepared an excellent video analysis of a recent Canadian appellate decision, Smith v. Inco , that looks at the application of the famous strict liability case from England , Rylands v. Fletcher, [1868... Read More

What is third-hand tobacco smoke and is it dangerous?
Posted on 26 Feb 2011 by Thomas H. Clarke, Jr.

In general terms, the phrase "third-hand tobacco smoke" ("THS") refers to the tobacco particulates and gas that get on clothes, in hair, etc. You have smelled it when you approach a smoker, even if they are smoking at that time. Technically... 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

Columbia Law School Center for Climate Change Law: AEP v. Connecticut - A Comparison Of The Briefs Filed By The Defendant Electric Utilities
Posted on 11 Mar 2011 by LexisNexis Environmental Law Community Staff

By Julia Ciardullo, Fellow, Center for Climate Change, Columbia Law School O n January 31, 2011, five investor-owned utilities[1] (Petitioners) and the Tennessee Valley Authority (TVA), an electric utility owned by the US government, filed separate... Read More

Two Key Rulings Pending in Global Warming Suits
Posted on 25 Apr 2011 by John G. Nevius

By John G. Nevius, Esq., P.E. On Tuesday, April 19, 2011, two separate oral arguments were held that will help determine the future of climate-change litigation - and whether and how insurance coverage is available to defend against certain climate... Read More

Recent experiments demonstrate that beaked whales are sensitive to sonar
Posted on 26 Jun 2011 by Thomas H. Clarke, Jr.

Some marine mammals, such as harbor porpoises, have been shown to be sensitive to sound, such as that generated by sonar; some marine mammals do not seem to be bothered. Using a large array of underwater microphones, assessment of marine mammal impacts... Read More