Litigation

Recent Posts

U.S. High Court Denies Appeal In Suit Over Sept. 11 Toxic Dust Cleanup Costs
Posted on 2 Dec 2014 by Jennifer Hans

WASHINGTON, DC. — (Mealey’s) The U.S. Supreme Court on Dec. 1 rejected a petition challenging the Second Circuit U.S. Court of Appeals’ finding that defendants in a Comprehensive Environmental Response, Compensation and Liability Act... Read More

William A. Ruskin: No Unanimity As To What New ASTM E1527-13 Standard Requires
Posted on 27 Nov 2013 by William A. Ruskin

By William A. Ruskin Some environmental practitioners contend that Phase I site assessments, commonly used in real estate transactions, will now be more costly and time consuming due to the new standard. Seyfarth Shaw counsels in its Client Alert that... Read More

U.S. Supreme Court Holds That The Comprehensive Environmental Response Compensation And Liability Act Does Not Preempt A State’s Statute Of Repose
Posted on 10 Jun 2014 by LexisNexis Legal Newsroom Staff

Monday, June 9, 2014, the United States Supreme Court released the decision in the case of CTS Corporation v. Peter Waldburger, et al . The case involved a tort action brought for damages that arose from the release of a hazardous substance, pollutant... Read More

Company, Government Tell High Court That Landowners’ Claims Are Time-Barred
Posted on 24 Apr 2014 by Shane Dilworth

WASHINGTON, D.C. — (Mealey’s) Attorneys for CTS Corp. and the U.S. Department of Justice told the U.S. Supreme Court April 23 that a Fourth Circuit U.S. Court of Appeals ruling reinstating a lawsuit brought by landowners asserting claims under... Read More

Oil Spill MDL Judge Dismisses Environmental Claims For Injunctive Relief
Posted on 17 Jun 2011 by Shane Dilworth

NEW ORLEANS - (Mealey's) The federal judge presiding over cases stemming from the oil spill in the Gulf of Mexico caused by the explosion of the Deepwater Horizon oil rig on June 16 dismissed claims seeking injunctive relief against BP Plc. and Transocean... Read More

Norton Rose Fulbright: CERCLA's Federal Discovery Rule Does Not Preempt State Statutes Of Repose
Posted on 7 Jul 2014 by Norton Rose Fulbright

By Janet L. McQuaid , Michael P. Gaetani , Joshua Snyder , and Jennifer Blair Caplan . . . [T]he United States Supreme Court held in CTS Corp. v. Waldburger 1 that Section 9658 of CERCLA 2 does not preempt state statutes of repose that set a time frame... Read More

U.S. Supreme Court Refuses To Take Up Due Process Challenge To EPA Orders
Posted on 7 Jun 2011 by Shane Dilworth

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 6 declined review of a District of Columbia Circuit U.S. Court of Appeals ruling holding that the Environmental Protection Agency's use of unilateral administrative orders to enforce... Read More

William A. Ruskin: Did the Supreme Court's 2009 BNSF Decision Change CERCLA Cost-Recovery Practice?
Posted on 10 Dec 2012 by William A. Ruskin

By William A. Ruskin The U.S. Supreme Court's decision in Burlington Northern Santa Fe Railway Co. v. United States , 129 S. Ct. 1870 (2009) [ enhanced version available to lexis.com subscribers ], examined two unsettled areas of CERCLA: (1) the... Read More

GM, EPA Reach $23.79 Million Agreement On Superfund Cleanup Costs
Posted on 31 Jan 2012 by James Cordrey

NEW YORK - (Mealey's) The liquidation company for bankrupt General Motors Corp. on Jan. 30 reached a $23.79 million settlement with the U.S. Environmental Protection Agency to resolve environmental liabilities related to Superfund sites in three states... Read More

Judge Orders EPA Not to Destroy Records UP Wants
Posted on 27 Aug 2010 by LexisNexis Litigation Resource Community Staff

OMAHA, Neb. - (AP) A federal judge ordered the Environmental Protection Agency on Thursday to stop destroying records Union Pacific requested about lead contamination in Omaha, and an expert was appointed to make sure the agency complies. The judge's... Read More