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Results: 1-10 of 73

District court in New York holds that "best available evidence" is sufficient for apportioning liability

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 6 2009

District Judge Shira A. Scheindlin held in the In re MTBE multidistrict litigation that: (1) to apportion liability among joint tortfeasors, fact finders may rely on the "available evidence," and (2) to support a showing of divisibility, the defendant only need show a reasonable basis for its proposed share

District court further outlines arranger liability under CERCLA, TSWDA

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • July 1 2009

In Celanese v. Coastal Water Authority, No. 06-CV-2265 (S.D. Tex. April 13, 2009) the Southern District of Texas issued an opinion that further defines the scope of liability under the Texas Solid Waste Disposal Act's cost-recovery scheme

Obama administration asks Supreme Court to deny climate change nuisance suits

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 3 2010

Siding with the defendants, the Obama administration has urged the U.S. Supreme Court to vacate the 2nd U.S. Circuit Court of Appeals' decision in American Electric Power v. Connecticut (AEP), which allowed Connecticut and several other states to seek greenhouse gas reductions under federal common law nuisance claims. (American Electric Power Co. v. Connecticut, No. 10-174, brief filed 82410

9th Circuit requires EPA to set storm water runoff limits for construction activities

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 20 2008

The 9th Circuit upheld a decision requiring the EPA to set storm water runoff limits for construction activities by Dec. 1, 2009

Structure of real estate deals key to determining CERCLA liability

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 20 2008

In a ruling that has a potentially significant effect on the evaluation of CERCLA liability in real estate transactions, the 7th Circuit found that the title holder of contaminated property might not be an “owner” under CERCLA

District court allows PRP to seek joint & several liability

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • February 26 2008

On Dec. 21, 2007, the federal district court for the District of Kansas held that a potentially responsible party may seek joint and several liability in a claim filed under CERCLA’s section 107

CERCLA: court rejects innocent landowner defense for developer who worsened contamination

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • March 20 2008

In U.S. v. Honeywell International, Inc., the U.S. District Court for the Eastern District of California held that a developer who had no reason to know of contamination is nevertheless liable for disposing of hazardous substances under CERCLA because the developer performed excavation activities that worsened the contamination

Defendants win “round one” of climate change fight in United States Supreme Court

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • August 17 2011

In American Electric Power Co. v. Connecticut, the United States Supreme Court held that federal common law public nuisance claims seeking injunctive relief against emitters of greenhouse gases were displaced by the Clean Air Act and EPA’s regulatory implementation of the Act’s provisions

EPA’s Clean Air Interstate Rule determined 'fatally flawed'

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • July 31 2008

On July 11, the D.C. Circuit Court of Appeals vacated EPA’s 2005 Clean Air Interstate Rule (“CAIR”), EPA’s rule addressing the Clean Air Act’s requirement that states implement SIPs that would prohibit significant contributions to NAAQS non-attainment areas in other states

The Corps, not EPA, has authority to issue CWA fill permits

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • July 1 2009

In this case, environmental groups sued the Army Corps of Engineers (Corps) to stop the permitted filling of a lake in Alaska with mining waste by arguing that authority to issue CWA Section 404 permits is vested in EPA, not the Corps