An oil and gas industry group is challenging newly passed hydraulic fracturing restrictions in two Colorado cities, lodging complaints in state court Tuesday arguing that the measures banning the practice for at least five years are superseded by state energy regulations.
The Louisiana Coastal Protection and Restoration Authority on Tuesday instructed the state attorney general to file a pair of lawsuits against the U.S. Army Corps of Engineers, in a bid to avoid more than $1.2 billion in coastal restoration costs sought by the federal government.
A looming challenge to New York's fracking moratorium serves as a signal to the drilling industry that landowners sitting on gas-rich real estate are not ready to give up, but environmentalists said Wednesday that the would-be plaintiffs' struggle to fund the offensive was a sign that their claims were weak.
The New Jersey Solar Grid Supply Association has sued the state Board of Public Utilities, accusing it of incentivizing companies to invest in solar energy projects before enacting a law that caused them to lose millions of dollars.
The federal government launched suit Wednesday in New Jersey federal court against more than 50 major companies, including Bristol-Myers Squibb Co., Exxon Mobil Corp., GlaxoSmithKline LLC, and The Dow Chemical Co., to recover cleanup costs for an industrial waste landfill, a Superfund site, in New Jersey.
The United National Insurance Co. filed suit Tuesday seeking to avoid defending an Ohio paint manufacturer in the U.S. Environmental Protection Agency's $3.4 million suit over a burned down solvent warehouse, arguing the manufacturer's policy doesn't cover pollution.
AIG Specialty Insurance Co. on Friday accused a Kansas aerospace parts finisher of contaminating a site owned by an aerospace parts manufacturer that AIG insures, saying it is owed at least $2.8 million for cleaning up the toxic mess.
Illinois Attorney General Lisa Madigan sued a Koch Industries Inc. unit for alleged air pollution violations Monday, claiming dust from piles of oil refinery waste at a site owned by the company is blowing into neighborhoods on Chicago’s southeast side.
The owner of a western Pennsylvania chemical plant argued Friday that a recent permit from the state’s Department of Environmental Protection improperly burdened it with new monitoring requirements and discharge limitations for chemicals that originated at a neighboring former coal mine.
A coalition of environmental groups sued Louisiana in state court on Thursday for greenlighting a planned coal and petroleum coke export terminal on the banks of the Mississippi River, saying the state failed to consider the adverse public health and environmental impacts of the project.
Several Koch Industries Inc. units were hit with a class action Thursday by Chicago residents who allege clouds of dust from an oil refining byproduct are blowing into their neighborhood from the companies’ facilities, damaging their property and quality of life.
A planned 150-megawatt wind project in Maine was hit on Tuesday with a challenge by environmental groups arguing that the U.S. Army Corps of Engineers violated the Clean Water Act in granting the permit for the 50-turbine project.
Calgon Carbon Corp. agreed Tuesday to pay $1.6 million to settle U.S. Environmental Protection Agency allegations that it violated federal and state laws by polluting a Kentucky river with hazardous waste produced in its carbon making.
Challenges to a proposed tire-burning power plant that would supply energy to a National Gypsum Co. factory have been piling up in front of the Pennsylvania Environmental Hearing Board, a response that was highlighted Friday with a filing by the township set to host the proposed facility.
The Pennsylvania Department of Environmental Protection filed suit in federal court on Tuesday against CBS Corp., TDY Industries and The Timken Co. to recover costs incurred from cleaning up hazardous substances at the site of a former iron and steel company in western Pennsylvania.
Environmental group Clean Water Action launched a suit in Pennsylvania federal court Monday alleging Waste Treatment Corp. has illegally discharged gas drilling wastewater into the Allegheny River from its Warren, Pa., waste facility, in violation of the Clean Water Act.
The Dow Chemical Co. on Friday targeted the former owners of a Superfund site in Texas over alleged violations of the Comprehensive Environmental Response Compensation and Liability Act, seeking to recover the costs of treating the environmental damage at the site.
An Alabama environmental group aiming to block construction of a $5.4 billion highway lodged a complaint in federal court Friday accusing the U.S. Army Corps of Engineers of ignoring the potential devastation to water resources and wildlife when the agency approved the first segment of the project.
The Sierra Club sued the U.S. Environmental Protection Agency on Thursday in D.C. federal court for failing to review emission standards for air pollutants from sewage treatment facilities, making good on a litigation warning notice sent to the agency this summer.
A West Virginia environmental group sued the U.S. Department of the Interior in federal court on Monday, claiming the agency wrongly allowed coal mining companies operating in the state to evade a three-year time limit to commence activity before their permits expire.
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.
Until recently, forced pooling of unleased land parcels remained largely untested in Pennsylvania, particularly with the advent of modern shale development. However, a recent decision from the Pennsylvania Environmental Hearing Board promises to put forced pooling back into the spotlight and raise the ever growing controversy surrounding it, says Yvonne Hennessey at Hiscock & Barclay.
The Wisconsin Court of Appeals in Cleaver Brooks v. AIU Insurance Co., reinforces the notion that plastics engineering is not simply a case that makes insurers liable for more than their pro rata share. It also allows policyholders the right to access policies in a manner that maximizes their overall coverage, say Jeffrey Davis and Keith Bruett of Quarles & Brady LLP.
Mandated law student pro bono programs have not worked in championing the causes of social justice for those unable to afford counsel. States would be far better off using their resources to insist on a legislative solution to a very troubling and persistent deficiency in the allocation of legal resources, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
The Ninth Circuit's decision in Washington Environmental Council v. Bellon is part of a string of recent cases that limit the ability of environmental plaintiffs to bring lawsuits based on climate change. Significantly limiting the availability of statutory claims under the Clean Air Act, this decision rests on the principle that a causal chain involving numerous third parties is too weak to support standing, says Marc Bruner of Perkins Coie LLP.