Articles: 1-10 of 125
Third Circuit Holds Contribution Action Accrues on Entry of Consent Order but Doesn’t Decide Which Limitations Period Applies
USA - November 25 2019 Sometimes a movie can solve one mystery but hold off answering others, leaving viewers eager for the sequel. Legal opinions can be the same, as is…
NJ Superior Court Upholds Municipal Courts’ Jurisdiction to Issue Civil Penalties Under the N.J. Spill Act
USA - November 18 2019 Thanks to amendments to the New Jersey Spill Act in the summer of 2019, and the superior court, appellate division’s recent decision in NJDEP v…
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…
Montana Supreme Court Holds No Private Right of Enforcement of Water Use Act
USA - October 25 2019 Last week the Supreme Court of Montana held that there is no implied private right of action for judicial enforcement under the Montana Water Use Act…
Federal Court Holds Medical Monitoring Available for PFAS Exposure Despite Lack of Injury
USA - October 11 2019 Earlier this month, the United States District Court for the Southern District of Ohio denied motions to dismiss filed by 3M Company, DuPont…
Court Holds Most Defendants Can't Escape Liability At Premcor Refinery Site
USA - October 1 2019 On September 20, 2019, hitting a trifecta of commonly-litigated CERCLA issues, Judge Nancy J. Rosenstengel, Chief Justice of the United States…
Third Circuit Holds That Private Companies Cannot Condemn State-Owned Property Under The National Gas Act
USA - September 17 2019 On September 10, the Third Circuit held that while the National Gas Act (NGA) delegates the federal government’s power of eminent domain to private…
Seventh Circuit Holds That Resolving Some Cleanup Liability Under Any Statute Triggers a Contribution Action
USA - September 12 2019 On August 22, 2019, the Seventh Circuit held that a plaintiff had sufficiently settled its cleanup liability under a settlement agreement with the U…
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…
Third Circuit Holds State Law Determines Just Compensation For Takings By Natural Gas Companies
USA - August 15 2019 Last month in a 2-1 split, the Third Circuit held that state, not federal, law determined how much a landowner was entitled to as just compensation…
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