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Third Circuit Allows Medical Monitoring Claims to Proceed for Groundwater Contamination at Willow Grove and Warminster Naval Facilities

USA - October 11 2018 Last week, the United States Court of Appeals for the Third Circuit resurrected two separate lawsuits filed by residents living near the Willow Grove…

Fifth Circuit Affirms $81 Million Clean Water Act Civil Penalty

USA - March 14 2018 Last month, in U.S. v. CITGO Petro. Corp., 711 Fed. Appx. 237 (5th Cir. 2017), the United States Court of Appeals for the Fifth Circuit affirmed an…

Ninth Circuit Holds Historic RCRA Settlement Did Not Trigger 3-Year Statute of Limitations for CERCLA 113 Contribution Claims

USA - October 16 2017 The federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), better known as Superfund, provides private parties with…

Love Canal’s Legacy - Second Circuit Affirms Pollution Exclusion in Plumber’s Insurance Policy Bars Defense and Indemnification Claims

USA - July 20 2017 Love Canal - the infamous neighborhood in Niagara Falls, New York where large quantities of chemical waste was dumped, and which became the catalyst…

Eighth Circuit Affirms Pipeline Spill Issues Too Individualized for Class Treatment

USA - May 15 2017 Last week, the United States Court of Appeals for the Eighth Circuit affirmed a district court’s ruling to decertify a class action filed by…