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Results: 1-10 of 87

But you promised to keep the trees!
  • Gardere
  • USA
  • March 11 2014

When the Wheelers agreed to allow a pipeline right of way through their wilderness retreat, known as “The Mountain,” they had one important condition


Groundwater rights: constitutionally compensable interests
  • Gardere
  • USA
  • March 6 2012

On Feb. 24, 2012 the Supreme Court of Texas issued a watershed decision supporting the property rights of landowners to groundwater beneath their land


$3 million fracking nuisance
  • Gardere
  • USA
  • April 25 2014

On April 22, in what is being called the "first fracking trial," five of six jurors in Dallas County agreed with Plaintiffs, Lisa and Robert "Bob"


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


California court denies plaintiffs standing to pursue Kivalina climate change case
  • Gardere
  • USA
  • October 16 2009

In a recent client alert about the Second Circuit Court of Appeals' decision in State of Connecticut v. American Electric Power Co. Inc., we openly wondered how that decision would influence ongoing federal climate change public nuisance cases in the Fourth, Fifth and Ninth Circuits


Court takes on climate change using public nuisance
  • Gardere
  • USA
  • October 13 2009

Immediately after the U.S. Courts of Appeal for the Second Circuit released its decision in State of Connecticut v. American Electric Power Co. Inc., White House climate change czar Carol Browner observed and proclaimed that "The courts are starting to take control of this issue ... if they were to follow this out, they would be setting the standards."


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


Gardere submits amicus brief for the American Chemistry Council
  • Gardere
  • USA
  • October 20 2008

In Behringer, et al. v. Alcoa Inc., the appeals court found that the premises owner owed no duty to household members of an individual who worked on its premises for second hand asbestos exposure


Rhode Island residents settle with New England Gas Co.
  • Gardere
  • USA
  • May 23 2008

On April 24, 2008, lawyers representing 120 Rhode Island residents announced a settlement of their lawsuit alleging contamination of their homes from hazardous waste beneath the properties