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Mealey's Toxic Tort/Environmental - Judge Finds Deposition Starts 'Other Paper' Removal Clock

BATON ROUGE, La. - Deposition testimony and not the transcript itself triggers the "other paper" removal clock, a federal judge in Louisiana held June 21 in remanding an asbestos action (Curtis D. Morgan v. Dow Chemical Co., et al., No. 17-269, M.D. La., 2017 U.S. Dist. LEXIS 95308).

Mealey's Toxic Tort/Environmental - Group: Company's Plan To Store Coal Ash Will Continue Groundwater Contamination

DURHAM, N.C. - An environmental advocacy group on June 20 filed a lawsuit in North Carolina federal court against Duke Energy Progress LLC, alleging that the company's plan to permanently store coal ash and "toxic pollutants" in unlined pits will lead to further contamination of local groundwater (Roanoke River Basin Association v. Duke Energy Progress LLC, No. 17-561, M.D. N.C.).

Mealey's Toxic Tort/Environmental - Judge Approves Settlement For Cleanup Of Contaminated Sites In California Port

SAN DIEGO - A federal judge in California on June 20 granted a motion filed by two companies accused of contaminating two sites in the San Diego Port to approve a settlement to resolve claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) seeking to recover response costs incurred in investigating and remediating the properties (San Diego Unified Port District v. General Dynamics Corporation, No. 07-cv-01955-BAS, San Diego Unified Port District v. Lockheed Martin Corporation, No. 16-cv-02026-BAS, S.D. Calif., 2017 U.S. Dist. LEXIS 95076).

Mealey's Toxic Tort/Environmental - EPA Inspector General's Office Says It Will Begin Research On Methane Emissions

WASHINGTON, D.C. - The Office of the Inspector General (OIG) for the U.S. Environmental Protection Agency on June 21 issued a memorandum indicating that it plans to begin preliminary research to assess how the EPA estimates methane emissions from the oil and natural gas production industry.

Mealey's Toxic Tort/Environmental - 5th Circuit Denies BP's Request For En Banc Review Of Methodologies

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on June 21 denied BP Exploration & Production Inc.'s request for en banc review of a May 23 ruling that four Industry Specific Methodologies (ISMs) for calculating claimant compensation under the Court Supervised Settlement Program for the Deepwater Horizon Economic and Property Damages Class Action Settlement are inconsistent with the agreement (In re: Deepwater Horizon, No. 15-30377, 5th Cir., 2017 U.S. App. LEXIS 11040).

Mealey's Toxic Tort/Environmental - Judge Finds Negligent Failure-To-Warn Asbestos Claim Outside Scope Of Removal

NEW ORLEANS - Asbestos plaintiffs' claims that a shipyard negligently failed to warn about the dangers of asbestos on its premises do not create a colorable defense or causal nexus required for removal, a federal judge in Louisiana held June 19. The shipyard filed a notice of appeal on June 20 (Victor J. Blouin Sr., et al. v. Huntington Ingalls Inc., et al., No. 17-2636, E.D. La., 2017 U.S. Dist. LEXIS 93537).

Mealey's Toxic Tort/Environmental - Home Builder Agrees To Pay Penalty, Obtain Permits For Storm Water Discharges

NEWARK, N.J. - NVR Inc., doing business as Ryan Homes, on June 15 agreed to pay a $425,000 civil penalty and agreed to obtain National Pollutant Discharge Elimination System (NPDES) permits to resolve allegations from the federal government that the home builder was violating the Clean Water Act (United States of America v. NVR, Inc., No. 17cv4346, D. N.J.).

Mealey's Toxic Tort/Environmental - States Seek To Intervene To Override EPA Stay Of Methane Emissions Rule

WASHINGTON, D.C. - The attorneys general for 14 states and the attorney for the city of Chicago on June 20 moved in the District of Columbia Circuit U.S. Court of Appeals to intervene in a lawsuit brought by environmental advocacy groups against the U.S. Environmental Protection Agency in connection with the EPA's announcement that it is reconsidering rules on the fugitive emissions of methane (Clean Air Council, et al. v. Scott Pruitt, et al., No. 17-1145. D.C. Cir.).

Mealey's Toxic Tort/Environmental - Judge: Successor To Operator Of Zinc Smelter Can Face CERCLA Liability

TULSA, Okla. - A federal judge in Oklahoma on June 20 ruled that the successors to the owner of a former zinc smelting facility can face liability under the Comprehensive Environmental Response, Compensation, and Liability Act for fugitive air emissions that resulted in contamination at a nearby town (Cyprus Amax Minerals Company v. TCI Pacific Communications, Inc., No. 11-CV-0252-CVE-PJC, N.D. Okla., 2017 U.S. Dist. LEXIS 94682).

Mealey's Toxic Tort/Environmental - Judge Denies Man's Motion For New Trial Over Oil Discharges From Boat

SEATTLE - A federal judge in Washington on June 19 denied a man's request for a new trial over his alleged violation of the Clean Water Act (CWA), finding that the prosecution did not engage in misconduct during closing arguments and that the evidence supported the jury's verdict (United States of America v. Bingham Fox, et al., No. 16-cr-100-RSL, W.D. Wash., 2017 U.S. Dist. LEXIS 93985).

Mealey's Toxic Tort/Environmental - Monsanto Denies Glyphosate Exposure Could Have Caused Man's Cancer

SAN FRANCISCO - Monsanto Co. on June 16 filed its answer to one of the complaints in the multidistrict litigation for Roundup products, in which it denied that exposure to its product, which contains glyphosate, could have caused the plaintiff's alleged non-Hodgkin lymphoma (NHL) (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).

Mealey's Toxic Tort/Environmental - Delaware Judge Finds Product Identification Evidence Lacking

WILMINGTON, Del. - Evidence that a company did not manufacture the type of fully assembled brake product a witness identified frees the company from an asbestos action, a judge in Delaware held June 14 (Amanda Dullinger and Stephen Dullinger v. American Honda Motor Co., et al., No. N15C-04-281, Del. Super., New Castle Co.).

Mealey's Toxic Tort/Environmental - Texas Court Denies Review In Asbestos Case Involving 9-Year Settlement Delay

AUSTIN, Texas - The Texas Supreme Court on June 16 declined to wade into whether a nine-year delay in accepting the terms of settlement resolving asbestos claims was appropriate under the terms of the agreement or constituted unreasonable delay (Union Carbide Corp. v. Perry Jones, Rosemary Allegria, et al., No. 16-0648, Texas Sup.).

Mealey's Toxic Tort/Environmental - Judge Dismisses Group's Suit Over Company's Storm Water Discharges

BOSTON - An environmental group's Clean Water Act (CWA) lawsuit against a company that crushes brick, concrete and asphalt for construction projects was dismissed by a federal judge in Massachusetts on June 16 after he found that the group failed to allege how the company was illegally discharging storm water into the Bogastow Brook (Conservation Law Foundation, Inc. v. American Recycled Materials, Inc., No. 16-12451-RGS, D. Mass., 2017 U.S. Dist. LEXIS 92803).

Mealey's Toxic Tort/Environmental - Ohio Top Court Urged To Reject Expert's Cumulative Exposure Testimony

CLEVELAND - Expert testimony attributing a man's mesothelioma to cumulative exposure to asbestos in automobile brakes simply dresses up the theory that every exposure leads to disease in new clothing and is inadmissible under Ohio law, a manufacturer and its amici curiae told the state's highest court on June 15 (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 2016-1372, Ohio Sup.).

Mealey's Toxic Tort/Environmental - New York Court Agrees: 'Systemic Failure' Waived Asbestos Memo's Protections

NEW YORK - A company waived privilege over a redacted attorney-client memo providing advice involving the asbestos-cement pipe business due to its repeated disclosure concessions, but the company's more strenuous efforts regarding an unredacted version keeps it privileged, a New York appeals court held June 15 (Richard Warren v. Amchem Products Inc., et al., No. 4297, 190281/2014, N.Y. Sup., App. Div., 1st Dept., 2017 N.Y. App. Div. LEXIS 4808).

Mealey's Toxic Tort/Environmental - U.S. Supreme Court Refuses To Hear Lago Agrio $18.5 Billion Fraud Case

WASHINGTON, D.C. - The U.S. Supreme Court on June 19 refused to hear the appeal of a group of Ecuadorian residents and their attorney, who challenged a fraud ruling with regard to an $18.5 billion judgment they previously won against Chevron Corp. for injuries they had alleged were caused by the company's oil field operations in Ecuador (Steven Donziger, et al. v. Chevron Corporation, No. 16-1178, U.S. Sup.).

Mealey's Toxic Tort/Environmental - 3M Denies Groundwater Claims, Even As It Maintains That No Response Is Needed

BIRMINGHAM, Ala. - 3M Co. on June 14 filed a brief in Alabama federal court denying liability for groundwater contamination and contending that the claims brought against it under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901et seq., for "imminent and substantial endangerment" do not require a response, but if it were to respond, the company denies the allegations (Tennessee Riverkeeper Inc. v. 3M Company, et al., No. 16-1029, N.D. Ala.).

Mealey's Toxic Tort/Environmental - Jurors Disagrees On Compensatory Damages In Engle Progeny Suit

GAINESVILLE, Fla. - A Florida judge on June 15 declared a mistrial in an Engle progeny suit after the jury deadlocked on compensatory damages and attorneys for Philip Morris USA Inc. argued that there cannot be a compromise verdict (Jo Freeman v. Philip Morris USA Inc., No. 2015CA003930, Fla., 8th Jud. Cir., Alachua Co.). VIDEO FROM THE TRIAL IS AVAILABLE.

Mealey's Toxic Tort/Environmental - Landlords Seek More Than $1.59M From Verizon For Alleged Property Contamination

HACKENSACK, N.J. - Property owners filed a complaint in the Bergen County Superior Court on June 12 contending that Verizon New Jersey Inc. is liable for $1,591,435 in damages because it failed to remediate contamination on property it leased from the plaintiffs in breach of its rental contract (Joan Rudnick, et al. v. Verizon New Jersey Inc., No. L-4023-17, N.J. Super., Bergen Co.).

Mealey's Toxic Tort/Environmental - Woman Voluntarily Dismisses Lead Drinking Water Case Against School District

PITTSBURGH - A mother who sued her daughter's elementary school contending that she was poisoned by lead and copper drinking water on June 14 voluntarily dismissed her lawsuit against the school district (Jennifer Tait, et al. v. Butler Area School District, et al., No. 17-182, W.D. Pa.).

Mealey's Toxic Tort/Environmental - Court Reverses Forum Ruling Where Plaintiff Couldn't Solidly Identify Exposure

CHICAGO - A trial judge erred in denying forum non conveniens transfer where the plaintiff was at best equivocal regarding his exposure in his chosen forum, an Illinois appeals court held June 13 (Irvin Rohl and Marlene Rohl v. Borg Warner Corp., et al., No. 2016 L 676, Ill. App., 1st Dist., 2017 Ill. App. Unpub. LEXIS 1148).

Mealey's Toxic Tort/Environmental - Attorney General Charges 5 Officials With Manslaughter For Flint Water Crisis

LANSING, Mich. - Michigan Attorney General Bill Schuette on June 14 charged Michigan Department of Health and Human Services (HHS) Director Nick Lyon and four other state and local officials with involuntary manslaughter in connection with their failure to act in response to the water crisis in Flint, Mich., which resulted in an outbreak of Legionnaires' disease and lead contamination.

Mealey's Toxic Tort/Environmental - Residents Voluntarily Dismiss Tainted Groundwater Case Against Fertilizer Company

TAMPA, Fla. - The plaintiffs who brought a groundwater contamination lawsuit against a fertilizer manufacturer in Florida, contending that their private wells had been tainted, voluntarily dismissed the case June 12, with no explanation provided (Nicholas Bohn, et al. v. The Mosaic Company, et al., No. 16-02724, M.D. Fla.).

Mealey's Toxic Tort/Environmental - Judge: Limestone Seller Is Not Corporate Successor To Mining Company

ROANOKE, Va. - A federal judge in Virginia on June 9 awarded partial summary judgment to a limestone seller after finding that it is not a corporate successor to a mining company under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Dixon Lumber Company v. Austinville Limestone Company, Inc., No. 16-cv-00130, W.D. Va., 2017 U.S. Dist. LEXIS 88642).