Recent Posts

Less Environmental Enforcement = More Private Prosecutions?
Posted on 19 Feb 2015 by Dianne Saxe

When governments do little to enforce environmental laws, generally or in particular areas, private citizens and environmental groups sometimes try to fill the gaps with private prosecutions. These cases are burdensome and expensive to handle, but can... Read More

Virginia’s Aboveground Storage Tank Regulations Are Amended
Posted on 21 Oct 2015 by Williams Mullen

By Henry R. "Speaker" Pollard, V , Partner, Williams Mullen The Virginia State Water Control Board (“Board”) recently published long-awaited changes to the state’s petroleum aboveground storage tank (“AST”) regulations... Read More

Supreme Court Allows Ecuador Pollution Plaintiffs to Sue Chevron Canada
Posted on 29 Sep 2015 by Dianne Saxe

The Supreme Court of Canada has allowed Ecuador pollution plaintiffs to try to seek enforcement against Chevron Canada of a multibillion-dollar damage award against Chevron Corporation for oil pollution in Ecuador: Chevron Corp. v. Yaiguaje . According... Read More

US EPA Publishes Proposed List of National Enforcement Initiatives for FY2017–19
Posted on 14 Oct 2015 by Jenner & Block Corporate Environmental Lawyer

On September 15, 2015, US EPA’s Office of Enforcement and Compliance Assurance published a proposed list of national enforcement initiatives (NEIs) for fiscal years 2017–19. This latest NEI list includes NEIs from the last round (FY2014–16... Read More

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

Kawartha Oil Spill Cost Recovery Litigation Drags On
Posted on 15 Apr 2015 by Dianne Saxe

City of Kawartha Lakes taxpayers continue to pay heavily for the Ministry of the Environment’s 2009 order, which required the City to cleanup an oil spill that it did not cause. While everyone agreed that the City was an innocent victim of the spill... Read More

Supreme Court Hears Chevron Ecuador Pollution Appeal
Posted on 24 Feb 2015 by Dianne Saxe

Can foreign pollution judgments be enforced in Canada? The Supreme Court of Canada has heard arguments on the attempt by Ecuador pollution plaintiffs to enforce their $9 plus billion Ecuador judgment against Chevron’s Canadian assets, in Chevron... Read More

Virginia Environmental Regulatory Developments
Posted on 29 Oct 2013 by Williams Mullen

BY: LYNNE C. RHODE, JOHN W. DANIEL II & CHANNING J. MARTIN STATE AIR POLLUTION CONTROL BOARD A. Final Regulations 1. Existing Stationary Sources (Rev. J07) (amending 9VAC5-40-6970, 9VAC5-40-7050; adding 9VAC5-40-6975). 9VAC5-45. Consumer... Read More

China's Pollution Woes Trigger a New Environment for Manufacturers in China
Posted on 8 Oct 2014 by Foley & Lardner LLP

By Richard J. Ferris, Jr. China presents foreign manufacturers with many paradoxes. The most modern of manufacturing operations can exist nearby the most backward. Thousands of quality assurance, hygiene, energy conservation and other regulatory... Read More

New MOU For EPA And DoD
Posted on 15 Feb 2012 by E. Lynn Grayson

By E. Lynn Grayson, Partner, Jenner & Block EPA and DoD have entered into a new Memorandum of Understanding (MOU) to advance the use of innovative technologies and their mutual interests in sustainability. This MOU is entered into between EPA through... 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

LexisNexis® Legal News Podcast - Chevron and California Reach Settlement on Underground Gasoline Storage Tanks
Posted on 19 Sep 2011 by LexisNexis Environmental Law Community Staff

California announces a proposed $24.5 million settlement with Chevron owners involving underground gasoline storage tanks (third story in podcast at 3:40), and the Mississippi Supreme Court reverses a multi-million lead verdict against Sherwin-Williams... Read More

BP PLC and MOEX Offshore 2007 LLC Reach $1.06 Billion Settlement over Deepwater Horizon Explosion
Posted on 23 May 2011 by Shane Dilworth

NEW ORLEANS - (Mealey's) BP PLC and MOEX Offshore 2007 LLC and affiliates Mitsui Oil Exploration Co. and MOEX USA Corp., which had a 10 percent interest in the Macondo Well where the Deepwater Horizon oil rig was drilling, announced May 20 that they... Read More

Legal News Podcast - BP Agrees to $ 1 Billion Settlement With Lessee in Gulf Oil Spill Disaster - Plus More Gulf Oil Spill Resources
Posted on 24 May 2011 by LexisNexis Environmental Law Community Staff

A Macondo well lessee agrees to a $1 billion settlement with BP over the Gulf of Mexico oil spill, and, a $212 million settlement is reached with two Madoff feeder funds. Hear these and other stories from LexisNexis® Mealey's Publications. Copyright©... Read More

Disposal Of Hazardous Waste Materials Resulting From Oil And Gas Well Drilling Operations Not A Pollution Event For Insurance Endorsement
Posted on 1 May 2013 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Colony Insurance Company v. Bear Products, Inc ., 2013 U.S. Dist. LEXIS 43716 (E.D. Okl. Mar. 26, 2013) [ enhanced version available to lexis.com subscribers... Read More