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Supreme Court of Colorado Will Decide Whether Fracking Toxic Tort Case Can Proceed

A Colorado family brought suit against several drilling companies claiming negligence, negligence per se, strict liability, and trespass related to physical and property injuries allegedly caused by drilling activities that contaminated the air, water, and ground near the family’s home.  After the parties filed initial disclosures, the companies asked the trial court to enter a Lone...

U.S. Supreme Court Declines To Review West Virginia Residents’ Settlement with Chemical Company

The U.S. Supreme Court declined to review a $93 million settlement between a West Virginia chemical plant that is no longer operational and local residents following the West Virginia Supreme Court affirming the class-action settlement in 2013.  The lawsuit alleged that dioxins from the waste-burning process of Agent Orange production contaminated the Nitro, West Virginia community. ...

PHMSA Announces All-Time High in Proposed Penalties in 2013, Continuing Trend of Tougher Enforcement

On Monday, PHMSA announced that it proposed more than $9.7 million in civil penalties against pipeline operators for safety violations in 2013, marking an all-time high for the agency.  PHMSA also announced that it initiated 266 enforcement cases against pipeline operators in 2013, including for problems with pipeline integrity management systems, risk assessments, and failure...

OSHA Concludes Public Hearings On Proposed Crystalline Silica Exposure Limits

OSHA concluded a three-week public hearing on proposed regulations seeking to limit workers’ exposure to crystalline silica.  Crystalline silica exposure has been linked to health risks, including silicosis, lung cancer, chronic obstructive pulmonary disease, and kidney disease.  An estimated 2.2. million workers are exposed to respirable crystalline silica, including those involved in...

Kentucky Appellate Court Affirms Dismissal of Case Alleging Private Nuisance and Negligent Trespass Based on Alleged Water Supply Contamination by Local Oil Company

On two occasions in 2008 and 2009, the Kentucky Department of Environmental Protection issued an advisory to the residents surrounding Whitesburg, Kentucky not to use the water pumped out of the local water treatment plant.  The first advisory followed seepage of potential sludge out of a plastic-lined pit at an oil plant and into the Kentucky River.  The second advisory followed a...

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