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


Fourth Circuit sends CWA citizen suit back to district court
  • Gardere
  • 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


District court allows PRP to seek joint & several liability
  • Gardere
  • 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
  • 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


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


Federal court rejects catalyst theory in CWA citizen suit
  • Gardere
  • 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
  • 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


Court takes control of climate change debate
  • Gardere
  • 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


Federal court allows regulation through litigation
  • Gardere
  • 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


D.C. Circuit reinstates EPA's CAIR Rule
  • Gardere
  • USA
  • February 3 2009

In December, the D.C. Circuit issued a ruling in North Carolina v. EPA (PDF:26.14KB) that will allow EPA’s Clean Air Interstate Rule (CAIR) to remain in effect, for a while at least