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MGKF Litigation Blog Blog

Articles: 1-10 of 163

Federal Court Tells WWII Waste Generators, “You Better Not Pout,” Awards Government $50 Million in Cleanup Costs

USA - December 23 2020 On December 10, 2020, Christmas came early for the federal government. In United States v. Shell Oil Company (CV 91-00589-CJC), the Central District…

Court Upholds Private NGO Settlement Agreement That Supplements Federal Consent Decree

USA - December 8 2020 Last week, the U.S. District Court for the Eastern District of Michigan refused to void a private settlement agreement entered between Sierra Club…

First Circuit Upholds Remand of Climate Change Suit To State Court

USA - November 25 2020 In State of Rhode Island v. Shell Oil Products Co., L.L.C. Et al., No. 19-1818 (1st Cir. 2020), decided on October 29th, 2020, the First Circuit…

PA Court Rejects Environmental Rights Amendment Challenge to Appropriation of Oil and Gas Lease Funds for DCNR’s General Operations

USA - November 1 2020 On October 22, 2020, the Pennsylvania Commonwealth Court rejected a facial constitutional challenge to two statutory enactments that directed over…

Southern District of Texas’s Opinion Offers a Look Behind the CERCLA Allocation Curtain

USA - October 24 2020 On August 19, 2020, the United States District Court for the Southern District of Texas issued what it hoped was “the third, and should be the last…

United States Found Not Liable As Operator Under CERCLA For Shutdown Order

USA - October 22 2020 In a split decision that could have ramifications for future lawsuits involving the present pandemic, a majority panel in the Ninth Circuit held that…

Future Response Costs Held In Trust May Not Be Recoverable in CERCLA Contribution Action

USA - September 23 2020 On September 14, 2020, the U.S. Court of Appeals for the Ninth Circuit held that speculative, potential future response costs are not recoverable in…

Failure to Define "Matters Addressed" in CERCLA Settlement Leaves Party Exposed To Contribution Claim

USA - September 15 2020 Last week the Third Circuit held that Combustion Equipment Associates, Inc. n/k/a Carter Day Industries, Inc. (“Carter Day”) was not protected from a…

Ninth Circuit Holds That “Discretionary Function” Defense Does Not Bar Claims Against The United States Based Upon Negligent Performance Of A Clean-Up

USA - September 11 2020 The Federal Tort Claims Act permits claims for monetary damages against the United States for injury or loss of property caused by the wrongful acts…

Eleventh Circuit Finds CERCLA’s Discovery Tolling Provision Does Not Apply to Personal Injury Claims Subject to the Price-Anderson Act

USA - September 3 2020 Earlier this week the Eleventh Circuit issued a published decision in Pinares v. United Technology Corporation, No. 18-15104, slip op. (11th Cir. Aug…