Di-can’t-a Part 2: Enter the Plaintiff’s Bar

In July, the Environmental Law Monitor reported on regulatory responses to the herbicide dicamba from Tennessee, Arkansas, and Missouri. Dicamba has been a hot button topic in the farming/agricultural world, which often finds itself at the busy intersection of environmental and toxic tort issues. As many of you know, dicamba is an herbicide that’s been in use for decades, but in the past couple of years suppliers have designed certain types of crops that are genetically modified to tolerate having
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Taking a “Hard Look”

In August 2017, decades long dispute involving the U.S. Department of the Interior, the Province of Manitoba, North Dakota, and Missouri, arising from a proposed water reclamation project was resolved in Government of the Province of Manitoba, et al. v. Zinke, et al., 2017 WL 3437658 (D.D. C. August 10, 2017). In 1987, the Bureau of Reclamation created the Northwest Area Water Supply Project (NAWS or Project) to respond to water problems in Northcentral and North Western North Dakota. The
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Bankruptcy Court Approves $43 Million Coal Cleanup Deal

On Tuesday, September 5, 2017, a bankruptcy court in Missouri approved a $43 million settlement between the reorganized Peabody Energy Corp., which is a coal producer, and the federal government. The settlement related to CERCLA liability incurred by one of Peabody’s affiliate companies, Gold Fields Mining LLC. Peabody acquired responsibility for Gold Fields’ pollution liability when it gained control of the company in the 1990s.  The federal government had filed proofs of claim in Peabody’s Chapter 11 bankruptcy proceeding on
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