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MGKF Litigation Blog Blog

Articles: 1-10 of 216

Third Circuit Confirms 27-year-old Clean Water Act Consent Decree Still Enforceable

USA - January 24 2023 In a January 6 decision, U.S. v. Brace, No. 21-2966 (3rd Cir. Jan. 6, 2023), the U.S. Court of Appeals for the Third Circuit affirmed a district…

Pennsylvania Commonwealth Court Finds Local Stormwater Charge Constitutes A Tax

USA - January 5 2023 In a case which will have major implications throughout Pennsylvania, on January 4, 2023, the Pennsylvania Commonwealth Court ruled that the school…

Nuns’ Religious Freedom Lawsuit Against Pipeline Held To Be Impermissible Collateral Attack On FERC Approval

USA - December 14 2022 In an opinion issued last month, the Third Circuit affirmed the dismissal of a lawsuit brought by the Adorers of the Blood of Christ, an order of…

Court Grants Contractor’s Partial Summary Judgement Motion in King Gold Mine Case

USA - December 8 2022 In an opinion and order released on November 21, 2022, the United States District Court for the District of New Mexico overseeing litigation arising…

Not All Objects Labeled as “100% Recyclable” Must be Recycled, Court Finds

USA - November 23 2022 Last month we reported on Curtis v. 7-Eleven, in which the Northern District of Illinois held that marking products as “recyclable” when they may not…

Court Holds Arranger Liability for Drum Reconditioning is Too Fact Intensive for Summary Judgment

USA - November 2 2022 In Emhart Industries, Inc. v. New England Container Company, Inc., et al., No. 06-218 WES, 2022 WL 15437874 (D.R.I. Oct. 27, 2022), a federal court…

Northern District of Illinois Addresses “Greenwashing” Claims in Recent Case

USA - October 24 2022 In Curtis v. 7-Eleven, No. 21-cv-6079, 2022 WL 4182384, at * 1 (N.D. Ill. Sept. 13, 2022), the Honorable Steven C. Seeger of the United States…

District Courts Act on Motions for Good Faith Settlement Determinations With Varying Outcomes

USA - October 4 2022 In Citizens Development Corporation, Inc. v. County of San Diego, et al., No. 12-CV-334-GPC-KSC, 2022 WL 4374957 (S.D. Cal. Sept. 21, 2022), the…

Federal Court Dismisses all but CERCLA Cost Recovery Claim in Challenge to McClellan Air Force Base Clean-Up

USA - September 28 2022 In Rio Linda Elverta Cmty. Water Dist. V. United States, No. 2:17-CV-01349, 2022 WL 3567143 (E.D. Cal. Aug. 18, 2022), the Honorable Kimberly J…

Colorado District Magistrate Judge Holds That PRPs To A Contribution Claim Do Not Themselves Have A Contribution Claim Under CERCLA

USA - September 24 2022 On August 19, 2022, a magistrate judge of the Colorado District Court held that contribution-defendants cannot assert their own contribution claims…