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Environmental Litigation

A Heightened Commitment to Environmental Justice: Recent Federal and State Developments

Lowenstein Sandler
From New Jersey Law Journal
July 19, 2010

Federal Court Holds That Parties Working Under a CERCLA Consent Decree Are Limited to a Section 113 Contribution Action [Solutia, Inc. and Pharmacia Corp. v. McWane, Inc]

Vinson & Elkins
July 15, 2010

"If you mention extortion one more time ..." D.C. Circuit Court Holds CERCLA Unilateral Orders Constitutional [General Electric Company v. Jackson]

McGuireWoods
July 8, 2010

Some Insurers Have Recently Said The Deadline For Noticing Claims Related To BP Gulf Oil Spill May Be Tomorrow, July 8, 2010, At 5 P.M.

Kilpatrick Stockton
July 8, 2010

Please see our Hot Topics for more on Deepwater and its ripple effects.

BP in the Wake of the Deepwater Horizon Incident and the Bankruptcy Implications of Mounting Environmental Liabilities

Cadwalader
July 7, 2010

Please see our Hot Topics for more on Deepwater and its ripple effects.

Pay Now, Challenge Later: D.C. Circuit Court of Appeals Upholds Constitutionality of EPA Unilateral Administrative Orders in General Electric Company v. Jackson

Morrison Foerster
July 6, 2010

U.S. EPA’s Use of CERCLA Section 106 Administrative Orders Upheld: But Scope of “Sufficient Cause” Defense Potentially Broadened [General Electric v Jackson]

Seyfarth Shaw
July 2, 2010

Supreme Court Raises the Bar for Environmental Injunctions [Monsanto v. Geertson Seed Farms]

Venable
June 25, 2010

Please see our Hot Topics for more on this subject.

Court Enjoins Offshore Drilling Moratorium; New Ban Expected

Skadden
June 23, 2010

Please see our Hot Topics for more on Deepwater.

Ruling in Fox River Cleanup Case Allows Insureds to Maximize Insurance Coverage

Quarles & Brady
June 22, 2010

Supreme Court Determines No Presumption for Injunctive Relief in Environmental Cases [Monsanto Co. v. Geertson Seed Farms]

Crowell & Moring
June 21, 2010

Please see our Hot Topics for more on this subject.

Top 10 Do's & Don'ts of Environmental Crisis Response

Andrews Kurth
From Law360
June 8, 2010

Private Foundation Grants to Public Charities Engaged in Advocacy on Environmental Issues

McGuireWoods
June 18, 2010

Ninth Circuit Holds That Non-Settling PRPs Have a Right to Intervene Under FRCP 24(a)(2) [United States of America v. Aerojet General Corp]

Bingham
June 16, 2010

Ninth Circuit Holds That Non-Settling Potentially Responsible Parties Under CERCLA May Intervene as a Matter of Right [United States v. Aerojet General Corp]

Perkins Coie
June 14, 2010

Court Overturns Greenhouse Gas Emission Mitigation Measures [Communities For A Better Environment v. City Of Richmond]

Bingham
June 14, 2010

Ninth Circuit Holds That Non-Settling Parties May Intervene in CERCLA Action to Challenge Proposed Consent Decree [United States, et al. v. Aerojet General Corp]

Alston + Bird
June 11, 2010

Insurers and Reinsurers Must Prepare For Complex And Costly Issues From Gulf Coast Oil Spill

Chadbourne & Parke
June 11, 2010

Please see our Hot Topics for more on this subject.

Fifth Circuit Dismisses En Banc Appeal On Procedural Grounds, So District Court Decision Dismissing Claims Related To Climate Change Stands As Good Law

Chadbourne & Parke
June 10, 2010

Please see our Hot Topics for more on this subject.

Supreme Court Decision Likely to Generate Increased Disparate Impact Cases [Lewis v. City of Chicago]

Baker Hostetler
June 8, 2010

Please see our Hot Topics for more on Lewis v City of Chicago.

Global Warming Nuisance Litigation is Too Hot for the Fifth Circuit [Comer v. Murphy Oil Co.]

Locke Lord
June 7, 2010

Please see our Hot Topics for more on this subject.

Dismissal of Climate Change Lawsuit [Comer v. Murphy Oil Co]

Patton Boggs
June 7, 2010

Please see our Hot Topics for more on this subject.

Landmark Climate Change Suit Dismissed on Appeal by Quorum-Less 5th Circuit [Comer v. Murphy Oil]

McGuireWoods
June 3, 2010

Please see our Hot Topics for more on this subject.

The Deepwater Horizon Catastrophe: A Factual Overview and Preliminary First-Party Analysis

Cozen O'Connor
May 20, 2010

Please see our Hot Topics for more on this subject.

Business Interruption Insurance in the Wake of the Gulf Oil Spill – What Insurers Can Do to Keep Slippery Claims at Bay

Simpson Thacher
May 25, 2010

Please see our Hot Topics for more on this subject.

Third Circuit Clarifies Availability of Cost Recovery Claims Under Section 107 of CERCLA [Agere Systems Inc. v. Advanced Environmental Technology Corp]

Bingham
May 19, 2010

No En Banc Review by Fifth Circuit in Comer: Landmark Climate Change Lawsuits Headed to U.S. Supreme Court Sooner Than Expected?

McGuireWoods
May 10, 2010

Please see our Hot Topics for more on this subject.

New California Statute Exempts CERCLA Settlement Funds From California Taxes

Bingham
April 20, 2010

Third Circuit Fires a Warning Shot Across the Bow of Settling PRPs and Contribution Plaintiffs in Superfund Matters [Agere Systems, Inc., et al. v. Advanced Environmental Technology Corp]

Sidley Austin
April 14, 2010

CEQA’s Short Limitations Periods Apply Whenever an Agency Files a Notice of Exemption [Stockton Citizens for Sensible Planning v. City of Stockton]

Bingham
April 14, 2010

State Common Law of Public Nuisance in the Modern Administrative State

Hunton & Williams
From ABA's Natural Resources & Environment
Spring 2010

New York Court Of Appeals Decision May Put New York Brownfield Cleanup Program Back On The Right Track

Lowenstein Sandler
From Metropolitan Corporate Counsel
April 7, 2010

TVA Defeats Clean Air Act Case

Winston & Strawn
April 6, 2010

The Battle over the Greater Sage-Grouse Heats Back Up: Continued Uncertainty for Energy Development in the West

K&L Gates
March 30, 2010

BLM Suspends Sixty-One Oil and Gas Leases to Perform Climate Change and Greenhouse Gas Analyses in Montana

Faegre & Benson
March 29, 2010

Who's to Blame for Climate Change: Will the Supreme Court Review?

Faegre & Benson
March 24, 2010

Please see our Hot Topics for more on this subject.

U.S. Fish and Wildlife Service Finds Greater Sage-Grouse Listing Warranted, but Precluded: Continued Uncertainty for Energy Development in the West

K&L Gates
March 22, 2010

California Supreme Court’s Decision Provides Important Requirements for Preparation of Environmental Documents [Communities for a Better Environment v. South Coast Air Quality Management District]

Latham & Watkins
March 18, 2010

Shareholders Seek Coal Ash Management Controls

Winston & Strawn
March 17, 2010

Please see our Hot Topics for more on this subject.

Permit Limits Should Not be Treated as Baseline Conditions Under CEQA Where an Agency is Considering Approval of a New Permit [Communities for a Better Environment v. South Coast Air Quality Management District]

Bingham
March 16, 2010

Agreement to Provide Services to Casino is Not a Project Subject to CEQA [Parchester Village Neighborhood Council v. City of Richmond]

Bingham
March 16, 2010

Second Circuit Ruling Results In Higher Summary Judgment Standard for Defendants in CERCLA Contribution Actions [Niagara Mohawk Power Corporation v. Chevron U.S.A]

Buchanan Ingersoll & Rooney
March 11, 2010

Equipment Lessor Deemed An "Owner" under CERCLA: Liable For Remediation Costs [U.S. v. Saporito]

Jenner & Block
March 9, 2010

California Supreme Court Active In CEQA [California Environmental Quality Act] Cases

Buchanan Ingersoll & Rooney
March 9, 2010

Recent Lawsuit Highlights Significant Environmental Enforcement Risk for Colleges and Universities that Operate Heating and Electricity Generation Plants

Patton Boggs
March 8, 2010

Municipal Mischief in the Marcellus: Challenging Restrictive Local Ordinances

K+L Gates
March 4, 2010

Fifth Circuit Grants Rehearing En Banc in Comer Climate Change Tort Litigation [Comer v. Murphy Oil]

Troutman Sanders
March 1, 2010

Please see our Hot Topics for more on this subject.

The New York Court of Appeals Breaks Down Barriers to Entry Into Brownfield Cleanup Program
Kramer Levin
March 1, 2010

US Environmental Laws Increasingly Lead to Litigation Concerning the Siting and Construction of New Infrastructure Projects

Mayer Brown
February 23, 2010

Look Before You Leap: DPAs, NPAs, And The Environmental Criminal Case

Venable
February 16, 2010

[California] Supreme Court Restores CEQA’s Bright Line Deadlines for Bringing Suit [Committee for Green Foothills]

Bingham
February 16, 2010

Insurers Prevail Before Nebraska Supreme Court in Environmental Coverage Dispute

Troutman Sanders
February 8, 2010

Courts Deny FERC Broad Transmission Siting Backstop Authority [Piedmont Envtl Council v. FERC]

Stroock
February 5, 2010

Exxon Valdez Oil Spill Litigation Update

Faegre & Benson
February 1, 2010

Renewable Energy Projects Will Be Held to the Same Stringent Standards of the Endangered Species Act as Other Development Projects [Animal Welfare Institute v. Beech Ridge Energy LLC]

Gibson, Dunn & Crutcher
January 25, 2010

Notable End-of-Year California Supreme Court CEQA Decisions

Holland & Knight
January 22, 2010

US Environmental Laws Increasingly Lead to Litigation Concerning the Siting and Operation of Renewable Energy Projects

Mayer Brown
January 21, 2010

Global Warming Litigation Raises Liability Insurance Issues

Proskauer
January 19, 2010

Please see our Hot Topics for more on this subject.

U.S. Department of Energy Finalizes Landmark Energy Efficiency Consent Decree [Haier America Trading]

Venable
January 14, 2010

Sweeping Environmental Liability Under the Bankruptcy Carpet: Fresh Start Is Not Guaranteed

Day Pitney
January 5, 2009

Transactional Environmental Due Diligence - What Diligence is Due

Haynes and Boone
January 5, 2009

Companies in Hot Seat as Courts Advance Climate-Change Claims

Chadbourne & Parke
From Law.com
January 4, 2010

Please see our Hot Topics for more on this subject.

Federal Court Issues Injunction Restricting Construction and Operation of Windmills Based on Endangered Species Act [Animal Welfare Institute, et al. v. Beech ridge Energy LLC]

McDermott Will & Emery
December 17, 2009

Court Halts Construction and Limits Operation of Wind Project for Failure to Comply with Endangered Species Act [Animal Welfare Institute v. Beech Ridge Energy, LLC]

White & Case
December 15, 2009

Climate Change Lawsuits Advance

Chadbourne & Parke
December 14, 2009

Please see our Hot Topics for more on this subject.

Ill Winds for Wind Development: Federal Court Halts Operation and Continued Development of W.V. Wind Farm Due to Potential Impacts on Endangered Indiana Bat

Locke Lord Bissell & Liddell
December 11, 2009

Nanotechnology: The Next Battleground for Mass Torts?

Winston & Strawn
From The Bureau of National Affairs, Inc.
December 3, 2009

Please see our Hot Topics for more on Nanotechnology developments.

Property Manager Liability for Contaminated Properties [Scarlet & Associates Inc. v. Briarcliff Center Partners LLC]

Greenberg Traurig
December 3, 2009

Ninth Circuit Rules Narrow Project Purpose Precluded Sufficient Range of Alternatives Under NEPA [National Parks & Conservation Association v. Bureau of Land Management]

Bingham
November 30, 2009

Federal Courts Conflicted on Climate Change Litigation

Sutherland
November 23, 2009

Please see our Hot Topics for more on this subject.

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Cleantech

Climate Change

Environmental Litigation

EPA & Government Regulation

Hot Topics: The Environment

National Policy & Legislative Initiatives
•	The American Power Act (Kerry/Lieberman Bill)
•	EPA's Proposed Coal Ash Rules
•	CO2penhagen
•	EPA & Mandatory Reporting of GHGs
•	EPA's "Tailoring Rule" Modifies GHG Permitting Thresholds
•	EPA's "Endangerment" Finding
•	Carbon Capture & Sequestration
•	Cap-and-Trade Proposals in FY2010 Budget Outline
•	Stimulus Funding For Environmental Programs
•	Waxman & Markey Introduce Climate Change/Clean Energy Bill
•	Renewable Energy: IRS Guidance on Electing Investment Tax Credit
•	ARPA-E Funding For Transformational Energy Projects
Environmental Litigation
•	Deepwater Horizon Oil Spill
•	GHG Nuisance Litigation: Connecticut, Comer & Kivalina
•	Burlington Northern & Arranger CERCLA/Superfund Liability
•	Coeur Alaska & The Clean Water Act
•	Entergy v Riverkeeper: EPA OK to Use Cost-Benefit Analysis under CWA
•	"Sudden & Accidental" Release at Stringfellow Acid Pits
•	*EPA, Deseret Power* & CO2**
•	EPA, CAIR & the Vacated Vacatur
•	Winter: Clarification of Injunction Standards
EPA & Other Agency Policies
•	Climate Change Disclosure
•	Green Patents Get the Red Carpet
•	EPA's Vessel General Permit (VGP)
•	EPA's Revised "Solid Waste" Definition
•	Nanotechnology & Nanoproducts: Background & Regulation
•	EPA and Army CofE Jurisdiction under Clean Water Act
•	FTC's "Green" Marketing Guidelines
•	Department of Energy's "Smart Grid" Grants
•	FERC's Plans For Smart Grid Development
Key State-Level Initiatives
•	California's "Delta" Water Legislation
•	California, CARB & AB32
•	California, SB 375, Urban Sprawl & GHG
•	Xcel, Dynergy & Environmental Risk Disclosure (see "Climate Change Disclosure")
•	New York: Environmental Test Results & Tenants

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