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$3 million fracking nuisance
  • Gardere
  • USA
  • April 25 2014

On April 22, in what is being called the "first fracking trial," five of six jurors in Dallas County agreed with Plaintiffs, Lisa and Robert "Bob"


9th Circuit requires EPA to set storm water runoff limits for construction activities
  • Gardere
  • USA
  • October 20 2008

The 9th Circuit upheld a decision requiring the EPA to set storm water runoff limits for construction activities by Dec. 1, 2009


Structure of real estate deals key to determining CERCLA liability
  • Gardere
  • USA
  • October 20 2008

In a ruling that has a potentially significant effect on the evaluation of CERCLA liability in real estate transactions, the 7th Circuit found that the title holder of contaminated property might not be an “owner” under CERCLA


Gardere submits amicus brief for the American Chemistry Council
  • Gardere
  • USA
  • October 20 2008

In Behringer, et al. v. Alcoa Inc., the appeals court found that the premises owner owed no duty to household members of an individual who worked on its premises for second hand asbestos exposure


Aviall debate continues
  • Gardere
  • USA
  • June 11 2007

On April 23, 2007, United States v. Atlantic Research, Case No. 06-562, was argued before the United States Supreme Court


Court requires EPA to limit greenhouse gas emissions at coal fired power plant
  • Gardere
  • USA
  • November 30 2008

On Nov. 12, 2008, the Environmental Appeals Board (EAB) remanded a prevention of significant deterioration (PSD) permit issued last year back to EPA’s Region 8 to impose a best available control technology based (BACT) limit on the CO2 emissions


National security concerns trump environment in Navy sonar fight
  • Gardere
  • USA
  • November 30 2008

A split United States Supreme Court refused to limit the Navy's use of sonar to locate enemy submarines notwithstanding its potential harm to whales and other marine mammals


Supreme Court to revisit CERCLA's joint and several liability
  • Gardere
  • USA
  • November 30 2008

The U.S. Supreme Court has decided to determine when liability is “joint and several” as compared to when it should be “reasonably apportioned.”


Constellation Energy settles Maryland Coal Ash suit for $45 million
  • Gardere
  • USA
  • November 30 2008

Residents in Gambrills, Maryland are richer after Constellation Energy agrees to settle a class action lawsuit involving claims of personal injury and property damage allegedly caused by exposure to coal ash used to reclaim a sand and gravel quarry between 1995 to 2006


Ninth Circuit applies the federal discovery rule to state statutes of repose
  • Gardere
  • USA
  • December 18 2008

On Nov. 19, 2008, the Ninth Circuit Court of Appeals held that a Superfund provision that adds a discovery rule to the deadline for filing a state damages action stemming from a hazardous substance release applies to state statutes of repose as well as state statutes of limitations