Supreme Court To Determine Scope of Private Remedies Seeking Cleanup at Superfund Sites
Posted on Jun 11, 2019 in Energy/Environmental, Litigation | Comments Off on Supreme Court To Determine Scope of Private Remedies Seeking Cleanup at Superfund Sites
The U.S. Supreme Court will resolve whether certain private state tort claims are permitted despite directly conflicting with EPA-ordered cleanup pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). Specifically, the Supreme Court of Montana held that landowners at one of the largest Superfund sites in the country could pursue...
Federal Jurisdiction Lacking for Case Alleging Exposure to Hazards from Pipeline Spill
Posted on Apr 13, 2019 in Energy/Environmental, Product Liability, Transportation | Comments Off on Federal Jurisdiction Lacking for Case Alleging Exposure to Hazards from Pipeline Spill
A Utah federal court rejected an oil and gas company’s bid to keep a lawsuit alleging that a crude oil pipeline spill caused a plaintiff’s acute myeloid leukemia in federal court last week. The company argued that the federal court had federal question jurisdiction over the suit, which alleged negligence, strict liability for abnormally dangerous or ultra-hazardous...
Eleventh Circuit Clarifies Automatic Entitlement Provision of Black Lung Benefits Act
Posted on Apr 12, 2019 in Energy/Environmental, Litigation | Comments Off on Eleventh Circuit Clarifies Automatic Entitlement Provision of Black Lung Benefits Act
Yesterday, the Eleventh Circuit resolved an ambiguity regarding when miners’ survivors can recover benefits under the Black Lung Benefits Act. Pursuant to the Act, survivors can recover in two ways. First, they can prove that the miner died from a lung disease caused by pneumoconiosis. Alternatively, they can proceed under the “automatic entitlement” provision (30...
Practical Implications for Energy Companies of Trump Administration’s Use of Congressional Review Act
Posted on May 24, 2017 in Construction, Energy/Environmental, OSHA, Workplace Safety | Comments Off on Practical Implications for Energy Companies of Trump Administration’s Use of Congressional Review Act
Upon taking office with the promise to reduce regulations, the new administration and the U.S. Congress used the Congressional Review Act to repeal 14 “midnight” regulations passed by the previous administration. Of the 14 repealed regulations, there are three that are of note for companies involved in mining operations domestically, in oil and gas exploration abroad, or who are...
Eleventh Circuit Upholds Verdict in “Take-Home” Asbestos Case
Posted on May 3, 2017 in Energy/Environmental, Product Liability | Comments Off on Eleventh Circuit Upholds Verdict in “Take-Home” Asbestos Case
Last week, the Eleventh Circuit considered a “take-home” asbestos case. Following a worker’s death from asbestos-induced lung cancer, the worker’s spouse was diagnosed with malignant pleural mesothelioma. Prior to her death, she filed suit against her husband’s employer alleging that washing her husband’s clothes for 20-plus years had exposed her...
Nuisance and Negligence Claims Against Michigan Oil Refinery Are Time-Barred
Posted on Nov 20, 2016 in Energy/Environmental | Comments Off on Nuisance and Negligence Claims Against Michigan Oil Refinery Are Time-Barred
The U.S. District Court for the Eastern District of Michigan dismissed a putative class action claiming harm from emissions of oil refinery contaminants. The Plaintiffs claimed the Detroit refinery was liable under private nuisance, negligence, and strict liability theories. Plaintiffs, who lived near the refinery, alleged that the refinery released dangerous toxins into their...
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