Environmental

Recent Posts

Coast Guard stumbles as it tries to preempt Massachusetts state law
Posted on 27 May 2011 by Thomas H. Clarke, Jr.

The Massachusetts Oil Spill Prevention Act (OSPA) was enacted following an oil spill in Buzzards Bay. [As the appellate court notes, Buzzards Bay is a scenically beautiful body of water. See also http://en.wikipedia.org/wiki/File:Buzzards_Bay_map.png... Read More

Keller and Heckman LLP: Bipartisan Meetings on The Safe Chemicals Act of 2011
Posted on 3 Jul 2011 by Keller and Heckman LLP

A series of stakeholder meetings on Toxic Substance Control Act (TSCA) (15 U.S.C. § 2601 et seq. ) "reform" began in the Senate on June 21, 2011. Billed as bipartisan stakeholder talks, these meetings may bring us closer to a viable TSCA... Read More

TSCA Reform Dead for 2014?
Posted on 14 Oct 2014 by Steven M. Siros

By Steven M. Siros Recent actions by Senator Barbara Boxer may have sounded the death knell for TSCA reform in 2014. On September 18, 2014, Senator Boxer unveiled what she characterized as revisions to a TSCA reform bill that had been being worked... 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

Supreme Court: CERCLA Does Not Preempt State’s Statute Of Repose
Posted on 9 Jun 2014 by Shane Dilworth

WASHINGTON, D.C. — (Mealey's) A U.S. Supreme Court majority today reversed a Fourth Circuit U.S. Court of Appeals panel’s ruling reinstating a lawsuit brought under the Comprehensive Environmental Response, Compensation, and Liability... Read More

U.S. Supreme Court Rules That CERCLA Does Not Preempt State Statutes Of Repose
Posted on 16 Jul 2014 by Allison Torrence

The U.S. Supreme Court has clarified the preemptive power of CERCLA, holding that CERCLA does not preempt state statutes of repose, even though it does preempt certain state statutes of limitation. On June 9, 2014, the Supreme Court ruled in the case... Read More

Supreme Court Narrows CERCLA Preemption of State Limits on Tort Claims
Posted on 22 Jul 2014 by Babst Calland

In an opinion strictly interpreting the statutory text of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the U.S. Supreme Court limited the scope of a CERCLA provision that is designed to extend state law claims for... Read More

Federal Appellate Court Rules That The Clean Air Act Does Not Preempt State Common Law Claims
Posted on 10 Sep 2013 by Allison Torrence

On August, 20, 2013, the U.S. Court of Appeals for the Third Circuit issued a ruling reversing dismissal of common law claims brought by a group of residents who live near a coal-fired power plant in Springdale, Pennsylvania. Bell v. Cheswick Generating... 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

United States Supreme Court Reverses Second Circuit Decision that Permitted States’ Lawsuits Over Greenhouse Gases
Posted on 20 Jun 2011 by Shane Dilworth

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 unanimously reversed a Second Circuit U.S. Court of Appeals ruling that allowed five states to pursue lawsuits under the Clean Air Act (CAA) that sought court-imposed limits on the greenhouse... Read More

Today's Supreme Court Decision in AEP v. Connecticut
Posted on 20 Jun 2011 by Michael B Gerrard

Here is my instant analysis of the decision just issued by the Supreme Court in American Electric Power v. Connecticut , the case in which several states and others sought a court order requiring several large electric utilities to reduce their greenhouse... Read More

Podcast - Legal News - Supreme Court Holds Clean Air Act and EPA Trump State Nuisance Lawsuits - AEP v. Connecticut
Posted on 21 Jun 2011 by LexisNexis Environmental Law Community Staff

The U.S. Supreme Court reverses a 2nd Circuit ruling allowing states' lawsuits over greenhouse gas emissions, and the high court reverses certification of a WalMart gender class. Listen to the third story on the podcast for this historic greenhouse... 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

Podcast: Steve Jones Discusses American Electric Power Co. v. Connecticut
Posted on 8 Aug 2011 by LexisNexis Legal Business Community Staff

On this edition, Steven G. Jones of Marten Law in Seattle discusses the U.S. Supreme Court's June 20 decision in American Electric Power Co. v. Connecticut. He reviews the elements of the Second Circuit's ruling that were addressed by the Court... Read More