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Reversing the Fourth Circuit, US Supreme Court Finds Forest Service Can Lease Land Under Park Service Trails

USA - June 16 2020 Reversing the Fourth Circuit, the Supreme Court on Monday issued its opinion in United States Forest Service v. Cowpasture River Preservation…

N.J. Appellate Division Applies "More Liberal" Certification Standards To Property Owner Class

USA - June 1 2020 In an unpublished opinion, Sutton v. Hoffmann-La Roche, Inc., No. A-5545-18T3 (N.J. App. Div. May 27, 2020), the Appellate Division of the New Jersey…

Court Holds Environmental Penalties Are Dischargeable In Bankruptcy

USA - April 1 2020 In an opinion issued on March 24, 2020, the District Court for the District of Delaware held that pre-petition environmental fines accrued by Exide…

Fifth Circuit Rules Landfill Odors Are Permanent Nuisance

USA - November 1 2019 Relying on Texas caselaw, the Fifth Circuit, in Gao v. Blue Ridge Landfill TX, L.P., No. 19-40062 (5th Cir. Oct. 30, 2019), affirmed a district court…

Waiver Results In Sixth Circuit Rejecting Challenge to Aribtration Provision in Superfund Settlement Agreement

USA - September 11 2019 In a recent decision, the Sixth Circuit Court of Appeals has affirmed that a party who has, without reservation, affirmatively invoked an arbitration…