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Results: 1-10 of 87

But you promised to keep the trees!
  • Gardere Wynne Sewell LLP
  • 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


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


Supreme Court limits CERCLA arranger liability and breathes life into divisibility defenses
  • Gardere Wynne Sewell LLP
  • USA
  • July 1 2009

In an 8-1 decision with broad implications for CERCLA cleanups, in Burlington N. & S. F. R. Co. v. United States, the U.S. Supreme Court (i) clarified the meaning of "arrange for disposal" under section 107 of CERCLA by ruling that it includes an intent requirement - the arranger is not liable if it did not intend to dispose of the materials, and (2) clarified the level of proof needed to demonstrate divisibility of harm and thereby avoid joint and several liability at multi-party Superfund sites


Court chooses sound economics over fish
  • Gardere Wynne Sewell LLP
  • USA
  • July 1 2009

In a 6-3 decision, the U.S. Supreme Court ruled in Entergy Corporation v. Riverkeeper that EPA may rely on cost-benefit analysis in setting the national performance standards for "cooling water intake structures" that must be upgraded to prevent aquatic plants and animals from being squashed against intake screens (impingement) or sucked into the cooling system (entrainment


Court takes control of climate change debate
  • Gardere Wynne Sewell LLP
  • USA
  • September 24 2009

Referencing a recent decision by the U.S. Court of Appeals for the Second Circuit allowing public-nuisance lawsuits to proceed against companies that produce greenhouse gases, former Vice President Al Gore and current White House climate change czar Carol Browner warned companies and lawmakers that courts are ready, willing and able to use their power to regulate greenhouse gases if Congress fails to act


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


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


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 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