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AEP v. Connecticut
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U.S. Supreme Court
Wyeth v. Levine
Shane Dilworth
over 8 years ago
Environmental
Hazardous Waste
Supreme Court: CERCLA Does Not Preempt State’s Statute Of Repose
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...
Babst Calland
over 8 years ago
Environmental
Hazardous Waste
Supreme Court Narrows CERCLA Preemption of State Limits on Tort Claims
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...
LexisNexis Insurance Law Newsroom Staff
over 11 years ago
Insurance Law
Insurance Regulation
Mandatory Provisions—Not in My State—McCarran-Ferguson, the FAA, and Reverse Preemption
By John E. James and Michael B. Rush, Attorneys, Potter Anderson & Corroon LLP In their article appearing in the May/June 2011 issue of Coverage , "Mandatory Provisions-Not in My State-McCarran-Ferguson, the FAA, and Reverse Preemption,"...
R. Dean Conlin
over 11 years ago
Insurance Law
Medical Insurance Coverage
Health Insurance at the Intersection of State and Federal Regulation: Confused Regulation of ERISA Fully Insured MEWAs
By R. Dean Conlin, Partner, Locke, Lord, Bissell & Liddell, L.P. Small employers have struggled to have the same funding and plan design flexibility and uniform plan coverage for group health insurance as larger employers. A fully insured, multiple...
Barry Zalma
over 11 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
No ERISA Preemption for Unfair Insurance Practices in Montana
By Barry Zalma, Attorney and Consultant In 1987 the U.S. Supreme Court decided Pilot Life Insurance Co. V. Dedeaux, 481 U.S. 41, 95 L. Ed. 2d 39, 107 S. Ct. 1549 (U.S. 04/06/1987) , that held that the Employee Retirement Income Security Act of 1974...
Barry Zalma
over 11 years ago
Insurance Law
Property Insurance
Flood Insurer is Not A Fiduciary
By Barry Zalma, Attorney and Consultant James Grissom purchased flood insurance for his home in Pascagoula, Mississippi under the Federal National Flood Insurance Program ("NFIP"). Grissom was eligible for a preferred risk insurance policy...
LexisNexis Environmental Law Community Staff
over 11 years ago
Environmental
Clean Air and Clean Water
Podcast - Legal News - Supreme Court Holds Clean Air Act and EPA Trump State Nuisance Lawsuits - AEP v. Connecticut
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...
Shane Dilworth
over 11 years ago
Environmental
Clean Air and Clean Water
United States Supreme Court Reverses Second Circuit Decision that Permitted States’ Lawsuits Over Greenhouse Gases
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...
Thomas H. Clarke, Jr.
over 11 years ago
Environmental
Clean Air and Clean Water
U.S. Supreme Court finds that statutory law of CAA displaces Federal common law and state tort law on issue of GHG emissions
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...
Allison Torrence
over 9 years ago
Environmental
Clean Air and Clean Water
Federal Appellate Court Rules That The Clean Air Act Does Not Preempt State Common Law Claims
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...
Steven G Jones
over 11 years ago
Environmental
Clean Air and Clean Water
Marten Law on American Electric Power Co. v. Connecticut--U.S. Supreme Court Rejects Climate Change Nuisance Claims
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...
Michael B Gerrard
over 11 years ago
Environmental
Clean Air and Clean Water
Today's Supreme Court Decision in AEP v. Connecticut
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...
Edwin Hopson
over 10 years ago
Labor and Employment Law
Labor and Employment Law Blog
Federal Court Rejects NLRB Challenge to State "Secret Ballot" Law
On September 5, 2012, U.S. District Court Judge Frederick J. Martone ruled that an Arizona state constitutional amendment addressing how employees choose a union was not on its face preempted by the National Labor Relations Act. The NLRB had filed suit...
Steptoe & Johnson PLLC
over 11 years ago
Energy
Oil, Gas and Energy Law Blog
Steptoe & Johnson PLLC: Pennsylvania Supreme Court Narrowly Interprets Preemption in Surface Mining Act
By David L. Hotchkiss The Pennsylvania Supreme Court has unanimously ruled in a decision which narrowly interprets the preemption provision of the Surface Mining Conservation and Reclamation Act of November 30, 1971. On November 23, 2011, the Court...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Outside News
Supreme Court on Preemption: Arizona v. United States
"The question before the Court is whether federal law preempts and renders invalid four separate provisions of the state law. ... The issue is whether, under preemption principles, federal law permits Arizona to implement the state-law...
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