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Crossed Circuits: Running Counter to Fifth and Tenth Circuit Rulings, Eighth Circuit Finds ICCTA Preempt Common Law Negligence Claims
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • January 4 2016

The U.S. Court of Appeals for the Eighth Circuit has distinguished decisions from the Fifth and Tenth Circuit that appear, at first blush, to be in


Lynch v. California Coastal Commission: The California Supreme Court Retreats from Deciding on “Managed Retreat” from Coastal Development
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • July 7 2017

On July 6, the California Supreme Court issued its highly anticipated decision in Lynch v. California Coastal Commission (case no. S221980). In this


"Green" leasing: landlord and tenant perspectives
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • March 6 2012

As the global emphasis on carbon footprint reduction and sustainability measures continues to increase, so will the prevalence of "green" provisions in commercial leases


Texas Court of Appeals Issues Important State Superfund Order
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • April 13 2016

In a "case of first impression," U.S. Court of Appeals for the Third Circuit, sitting in Austin, in TCEQ v. Exxon Mobil Corporation, et al., issued an


New superfund ruling: Supreme Court holds that CERCLA Section 9658 does not preempt state statutes of repose
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • June 12 2014

The Supreme Court has issued its decision in the case of CTS Corp. v. Waldburger, et al., __ S. Ct. __ (June 9, 2014), argued April 23, 2014. The


Legislative update: new Texas laws affecting the environment or environmental regulation
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • June 12 2013

This Texas legislative session brought several notable environment- and energy-related changes. The major standouts are culled and summarized in this


TX Supreme Court reverses "stigma ruling" contaminated property decision and postpones definitive ruling on availability of stigma damages
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • August 25 2014

On August 22, 2014, the Texas Supreme Court issued its long-awaited decision in the case of Houston Unlimited, Inc. Metal Processing v. Mel Acres


CERCLA dual standard hurts property owners, purchasers
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • August 8 2014

The Comprehensive Environmental Response, Compensation, and Liability Act imposes strict liability for the costs of environmental contamination on


Did EPA overstep in applying soil vapor intrusion guidance to commercial buildings?
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • August 19 2013

In April 2013, U.S. EPA's Office of Solid Waste and Emergency Response issued two guidance documents on soil vapor intrusion. One addresses general


Maryland to impose new Stormwater Remediation Fee; Virginia enacts Congestion Relief Fee
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • May 6 2013

Lawmakers in Maryland and Virginia have approved the imposition of certain new fees on property owners in various jurisdictions. Maryland property