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MGKF Litigation Blog Blog

Articles: 1-10 of 243

Some Large Employers Now Required to Submit Form 300 and 301 Information to OSHA

USA - February 12 2024 OSHA's recordkeeping regulations generally require employers to record employee work-related injuries or Illnesses that result in "death, days away…

District Court Failed to Consider Maui Factors as to Mining Company's Groundwater Discharges, Tenth Circuit Holds

USA - January 31 2024 On January 3, 2024, the United States Court of Appeals for the Tenth Circuit reversed a district court decision that held that a Colorado gold mining…

Federal District Court Excludes Expert Testimony in Flint Water Cases as Unreliable

USA - January 29 2024 On January 2, 2024, the United States District Court for the Eastern District of Michigan issued an order to exclude the expert testimony of Dr…

Federal District Court Rejects Divisibility of Harm Defense, Imposing Joint and Several Liability in CERCLA Action

USA - December 31 2023 On December 6, 2023, in Short Creek Development v. MFA Incorporated, No 22-05021, 2023 WL 8452430 (W.D. Mo. Dec. 6, 2023), a Federal District Court…

Special Master Holds Information Relating to Company’s Internal Investigation Performed by Outside Counsel Is Not Privileged

USA - December 8 2023 In In Re FirstEnergy Corp. Securities Litigation, case number 2:20-cv-03785 pending in the U.S. District Court for the Southern District of Ohio, the…

District Court Remands Lawsuit Involving Contaminated Water Supply Despite Federal Involvement in Cleanup

USA - November 29 2023 In City of St. Charles v. Union Electric Company, the City of St. Charles (the “City”) brought common law claims sounding in negligence against…

Pennsylvania Commonwealth Court Holds that Regional Climate Program Rule is an Illegal Tax

USA - November 21 2023 On November 1st, 2023, in a split 4-1 opinion with a dissent, the Pennsylvania Commonwealth Court held that Pennsylvania cannot participate in the…

District Court Finds Mine Reclaimer Liable for Past CWA and SMCRA Violations

USA - October 30 2023 In Kanawha Forest Coalition, et al. V. Keystone WV, 2:22-cv-00367, 2023 WL 6466210 (S.D. W.V. Oct. 4, 2023), the Honorable Joseph R. Goodwin of the…

District Court Upholds ESG Rule Based on Chevron, Rejecting Application of “Major Questions” Doctrine

USA - October 24 2023 In State of Utah v. Walsh, 2:23-CV-016-Z, 2023 WL 6205926 (N.D. Tex. Sep. 21, 2023), twenty-six states and a number of private parties (“plaintiffs”)…

District Court Holds That Breathing Polluted Air Without Concrete Injury Traceable To Defendant Does Not Confer Standing Under The Clean Air Act

USA - September 29 2023 On September 14, 2023, in Conservation Law Foundation v. Academy Bus, a Massachusetts District Court held that the members of the Conservation Law…