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Results: 1-10 of 71

U.S. Supreme Court clarifies "arranger" liability and apportionment procedures under CERCLA

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

The United States Supreme Court issued a significant decision recently that clarifies two important issues in favor of defendants at CERCLA sites

Aviall debate continues

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • June 11 2007

On April 23, 2007, United States v. Atlantic Research, Case No. 06-562, was argued before the United States Supreme Court

Federal court allows regulation through litigation

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • February 3 2009

In North Carolina v. Tennessee Valley Authority (PDF:287KB), a case concerning claims of cross-border pollution, a Federal District Court determined that emissions from TVA's facilities created a pollution-based public nuisance affecting North Carolina

Federal court rejects catalyst theory in CWA citizen suit

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • February 3 2009

In Environmental Conservation Organization (ECO) v. City of Dallas (PDF:28), the 5th Circuit refused to grant a citizen plaintiff standing to recover its attorneys fees in a Clean Water Act citizen suit against the City of Dallas

Third Circuit trims punitive damages

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • February 3 2009

In Jurinko v. Medical Protective Company, the 3rd Circuit trimmed an award of punitive damages and imposed a 1:1 compensatory:punitive ratio

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

City of Houston seeks relief from Texas Petrochemicals, Inc

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

The Texas Petrochemicals, Inc. facility located near the Houston Ship Channel is the target of a recent lawsuit by the City of Houston stemming from two emissions incidents in 2006

Fourth Circuit sends CWA citizen suit back to district court

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

In December 2003, a South Carolina district court entered an order awarding civil damages to an environmental group in a Clean Water Act citizens suit addressing discharges from Gaston Copper Recycling Corp.’s facility under a NPDES permit

US Supreme Court will weigh in on the EPA’s use of cost-benefit analysis under the Clean Water Act

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • April 23 2008

On April 14, 2008, the United States Supreme Court granted certiorari to an appeal from the Second Circuit that deals with the role of cost-benefit analysis in establishing standards under section 316 of the Clean Water Act (CWA

New Hampshire seeks Rhode Island’s model for its MTBE litigation

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

New Hampshire Attorney General Kelly A. Ayotte announced that she is moving forward with a legal action against manufacturers and refiners of MTBE alleging contamination of New Hampshire’s water supply

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