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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


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


Ecuadorian courts now to decide country's $27 billion lawsuit against Chevron
  • Gardere Wynne Sewell LLP
  • USA
  • October 6 2009

Chevron has lost its battle to keep a 16-year old, $27 billion lawsuit out of the Ecuadorian courts


Oklahoma's NRD claims thrown out of public nuisance case
  • Gardere Wynne Sewell LLP
  • USA
  • October 6 2009

In a significant procedural move, the defendants in a major public nuisance and natural resource damages (NRD) case in Oklahoma convinced a federal district court judge to throw out the State of Oklahoma's $611 million NRD claim because the state failed to join a co-trustee, the Cherokee Nation


California court denies plaintiffs standing to pursue Kivalina climate change case
  • Gardere Wynne Sewell LLP
  • 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 Wynne Sewell LLP
  • 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."


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


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


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