The Pennsylvania Superior Court on Friday clarified standards for admitting expert testimony in product liability cases in a precedential decision upholding a victory by a Dow Chemical Co. unit in a suit alleging that a contract employee developed brain cancer from exposure to toxic chemicals.
Texas and six other states were permitted to intervene Friday in a federal lawsuit that will set a deadline for the U.S. Environmental Protection Agency to determine which areas of the country don’t comply with a critical part of its sulfur dioxide emissions standards for power plants and other sources.
A Missouri federal judge on Wednesday dismissed American Safety Indemnity Co. from a coverage lawsuit over a gasoline pipeline leak, finding that the alleged property damage did not occur during American Safety's policy period.
The New Jersey Tax Court said Friday that BASF Corp., the owner of a partially contaminated property, could deduct its remediation cost from the entire parcel's property tax bill, rejecting a local town's argument that deductions only apply to the polluted portions of the land.
Opponents of New York’s participation in a multistate cap-and-trade initiative were too late in bringing claims that the program unlawfully imposed a tax on energy by executive fiat, a state appeals court ruled Thursday.
A Texas appeals court upheld the city of San Angelo’s municipal water permit, rejecting on Tuesday a conservation group's argument that the Texas Commission on Environmental Quality had ignored evidence the permit would negatively impact downstream water users.
The co-owner of several large-scale aquariums was sentenced to a year in prison on Monday by a Florida federal judge after pleading guilty to conspiring to illegally transport and sell exotic fish, including sharks, that were wrongfully harvested from state waters.
The California Supreme Court last week rejected MBL Inc.'s challenge to a ruling that freed its insurers from paying for independent counsel to defend the chemical supplier against contamination claims, gifting insurers with several valuable holdings they will try to carry over to disputes outside of the environmental realm.
The Federal Circuit on Tuesday upheld a trial court's decision that the U.S. government’s temporary flooding of an Arkansas state forest reserve constituted a compensable taking of property under the Fifth Amendment, after the U.S. Supreme Court declined last year to exempt such flooding from takings liability.
The Fifth Circuit on Monday granted BP PLC's request to stop additional Deepwater Horizon settlement payments to businesses and individuals claiming property and economic loss from the spill, ruling that the federal judge overseeing the multidistrict litigation must examine how the claims administrator determines causation.
Nuclear power developer Blue Castle Holdings Inc. won its bid to keep the rights to take water from Utah’s Green River for a proposed $18 billion plant, with a Utah judge ruling Wednesday that the state engineer had properly approved the company’s application for appropriation of water.
One of several defendants in litigation in New York federal court brought by New Jersey's environmental regulator over water contamination by a gasoline additive has agreed to pay more than $2 million to settle liability claims for past cleanup and removal costs, according to a notice in the state Register on Monday.
The Pennsylvania Supreme Court on Tuesday declined to hear a case in which a couple sought to terminate their agreement with a natural gas driller because it failed to meet its responsibility to drill for gas in the Marcellus Shale formation underlying their property.
The Ninth Circuit on Monday shot down the Moapa Band of Paiutes and Sierra Club’s bid to sink Nevada Power Co.’s plan to expand its coal combustion waste disposal capabilities, finding the U.S. Bureau of Land Management’s environmental analysis adequate.
Businesses and individuals claiming property and economic loss from the Deepwater Horizon spill have received more than $3.7 billion in settlement funds from BP PLC, with an additional $1.2 billion scheduled for payment, according to a status report lodged in Louisiana federal court Monday.
Three Florida property owners who challenged BP PLC’s estimated $9.2 billion Deepwater Horizon oil spill settlement dropped their appeal Friday, telling the Fifth Circuit that they were misled by their lawyers at every turn.
The Supreme Court of Texas on Friday denied motions for rehearing from the city of Waco and a citizens group who argued the contested case hearings on water permits issued by the Texas Commission on Environmental Quality were wrongly decided on merits, rather than standing.
Exxon Mobil Corp. will pay New York over $8 million to resolve pollution claims and cover remediation costs incurred by environmental regulators while addressing an oil spill near the Canadian border, the state Attorney General's office said Friday.
Two former officials at a suburban Chicago water department were sentenced to probation Thursday for lying to environmental regulators over two decades about supplementing the village’s water supply from a well that turned out to be contaminated, avoiding the prison time sought by prosecutors.
A Colorado appeals court on Thursday affirmed a trial court's ruling that a mining trade group's challenge against state environmental regulators' rulemaking process for alleged procedural violations is moot, as legislation has already adopted those air quality regulations.
With a close decision on the question of cap and trade auctions as a tax and at least one appeal of the recent Sacramento Superior Court judgment likely, the fight over the California cap and trade program is far from over. Other states are closely observing legal challenges to California's sweeping AB 32 program and assessing its effectiveness and economic impact, say attorneys at Stoel Rives LLP.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
Recently, the California Department of Conservation, Division of Oil, Gas & Geothermal Resources issued two key documents relating to hydraulic fracturing. Of keen interest is whether these new rules will permit development of the Monterey Shale in a manner that is competitive with the development of oil reserves elsewhere — or whether government involvement will delay development of the world’s largest, deep shale-oil play, say attorneys at Latham & Watkins LLP.
Although ASTM International has characterized its recently revised standard for phase 1 environmental site assessments as a clarification of its previous version, a number of these changes are substantive in nature and likely to increase the costs of phase 1 reports, says Larry Schnapf at Schnapf LLC.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
The decision in County of Santa Clara v. Superior Court of Santa Clara was based on policy, not statute. The California Supreme Court was convinced by the theory that government attorneys could maintain control over private counsel retained by contingency fees. The reality of the experience with the Orange County Water District emphatically demonstrates otherwise, say Jeffrey Dintzer and Nathaniel Johnson of Gibson Dunn & Crutcher LLP.
In addition to continued headline-grabbing litigation involving pharmaceutical companies in the wake of PLIVA Inc. v. Mensing, 2013 brought a number of important cases informing everything from class certification questions and product labeling trends to False Claims Act liability and fracking disputes, say attorneys at Weil Gotshal & Manges LLP.
Proposition 6 and its related enabling legislation provide a unique opportunity for Texas to begin addressing its significant water infrastructure needs. But, as with any ambitious plan, the program faces a variety of challenges, including achieving a proper (and politically acceptable) balance between urban and rural needs and navigating through ongoing water rights disputes, say C. Brian Cassidy and Brian O’Reilly of Locke Lord LLP.
The Federal Trade Commission’s recent actions against nine companies making allegedly deceptive environmental marketing claims send a strong message to companies about the agency's enforcement priorities and their own need to possess adequate substantiation for claims about the environmental benefits of products, says David Mallen at Loeb & Loeb LLP.
On Nov. 7, the Ninth Circuit largely upheld the U.S. Environmental Protection Agency's approach under the Federal Insecticide, Fungicide and Rodenticide Act in registering the first recognized nanopesticide. Despite a remand to resolve certain issues, the EPA and nano stakeholders have reason to be pleased, say Lynn Bergeson and Timothy Backstrom at Bergeson & Campbell PC.