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MGKF Litigation Blog Blog

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Delaware Superior Court Dismisses State's Common Law Claims For PCB Contamination

USA - August 1 2022 The State of Delaware brought claims against former PCB manufacturer Monsanto Company for the environmental contamination caused by PCB products in…

NPL Listing Upheld for Groundwater Plume with No Identified Source

USA - July 20 2022 In Daikin Applied Americas, Inc. v. EPA, the D.C. Circuit Court of Appeals sided with the U.S. Environmental Protection Agency (“EPA”)…

Fifth Circuit Confirms Right to Jury Trial Under the Oil Pollution Act

USA - July 6 2022 In United States v. ERR, LLC, No. 21-30028 (5th Cir. May 26, 2022), the Fifth Circuit ruled that the Seventh Amendment guarantees the right to a jury…

US Supreme Court Limits EPA’s Authority to Establish Emission Guidelines for the Power Sector

Global, USA - July 1 2022 In West Virginia v. EPA, the Supreme Court limited the authority of the United States…

Federal Court Dismisses State Common Law Claims as Preempted By CERCLA Consent Decree

USA - May 27 2022 On May 18, 2022 in York et al. V. Northrop Grumman Corp. Guidance and Electronics Co. Inc. et al., No. 21-cv-03251 (W.D. Mo.), a Missouri federal…

First Circuit Overrules Precedent By Holding That Administrative Enforcement Does Not Bar CWA Citizens Suit

USA - May 9 2022 Can plaintiffs in a citizen suit piggyback on existing governmental enforcement action and enforce the same alleged violation under the Clean Water…

New Jersey Judge Certifies Class in PFOA Claims Against Water Utility Company

USA - May 2 2022 On April 21, 2022, in Tomas Vera et al. V. Middlesex Water Co. (MID-L-6306-21, Superior Court of New Jersey, Middlesex County), a New Jersey Superior…

Sixth Circuit Finds Declaratory Relief Judgment Sufficient to Trigger 113(f)(1) Claim

USA - April 29 2022 In Georgia-Pacific Consumer Products LP v. NCR Corporation, the Sixth Circuit confronted a novel question concerning CERCLA’s statutes of…

Supreme Court of New Jersey Holds that Permittee Should Be Named As A Party To Appeal Affecting Project

USA - April 19 2022 When a public interest environmental rights group or other party appeals a decision by the New Jersey Department of Environmental Protection…

Court Rules Arranger Must Know or Should Have Known of Hazardous Properties for Liability to Attach

USA - April 5 2022 There are surprisingly few cases addressing whether, for an entity to be liable as an arranger under CERCLA, it must have known that the disposed…