LATEST INSIGHTS

Litigation / New Jersey
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New Jersey Settles MTBE Pollution Case for Almost $200 Million

A pollution lawsuit initially filed against three major oil companies is settling for almost $200 million, with additional parties still negotiating. In 2007, the state of New Jersey sued a number of oil companies in U.S. District Court for the Southern District of New York over their usage of MTBE (methyl tertiary butyl ether). MTBE was a synthetic chemical added to gasoline to help fuel burn more completely and reduce tailpipe emissions from vehicles. MTBE was approved for use in gasoline by the EPA in …

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Hydraulic Fracturing / Pennsylvania
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Pennsylvania Supreme Court Sides With Gas Industry, But Allows For Potential Enforcement of Two New Rules

The Pennsylvania Supreme Court recently decided to preserve an injunction against the Department of Environmental Protection of Pennsylvania (DEP) that prevents the enforcement of various new rules pertaining to hydraulic fracturing operations.

In the case of The Marcellus Shale Coalition v. Department of Environmental Protection, et. al., industry organization, the Marcellus Shale Coalition (MSC), had sought a preliminary injunction, challenging the validity of several regulations relating to unconventional gas well operations (which includes hydraulic fracturing, as opposed to traditional oil drilling) governed by Pennsylvania’s …

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Water Contamination
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CDC Reports Outbreaks Associated With Treated Recreational Water on the Rise: An Overview of the CDC’s MMWR

The Morbidity and Mortality Weekly Report (MMWR) is a weekly epidemiological digest for the United States published by the Centers for Disease Control and Prevention (CDC). It is considered by many practicing in the public health sector to be the primary publication for sharing public health information and recommendations that have been received by the CDC from state health departments.

On May 18, 2018 the CDC published “Outbreaks Associated with Treated Recreational Water – United States, 2000-2014. (MMWR May 18, 2018/67(19); 547-551). This report …

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California / Climate Change
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400 Months and Counting – Warm Temperatures Continue!

Despite the miserable cold and wet April weather experienced by most of the eastern half of North America, April 2018 turned out to be the third warmest April on record, continuing a streak of 400 continuous months (33 years) where the monthly average temperature was above the 20th century average. Only April 2016 and April 2017 were warmer. Nine of the 10 warmest Aprils have occurred since 2005. Especially notable was the possibility that the city of Nawabshah, located in the southern part of Pakistan, …

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Pennsylvania / PFOA
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Bystanders Beware – No Strict Products Liability Claims for Bystanders in AFFF / PFAS Actions in Pennsylvania

Lawsuits involving water contamination have been trending over the past couple years throughout the United States. We’ve seen a shift in the plaintiff’s bar’s focus from pursuing point sources to utilizing traditional product liability theories to support allegations of contamination against manufacturer defendants when the opportunity presents itself. The blue print’s simple – pursue deep pocketed manufacturers where insurance is often available.

The product liability lawsuits against manufacturers of aqueous film forming foam (AFFF) – a firefighting foam utilized at airports and military bases throughout …

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Gas pipeline construction in Greece.
Emerging Issues
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More Challenges Coming Down the Pipeline: 4th Circuit Grants Victory to Green Groups

Building a pipeline is never easy. From planning the route to restoring the pathway, the entire process requires meticulous care, hard work, and even a little luck. These days, the process is more difficult than ever, thanks to the dedicated ingenuity of environmental groups that make it their mission to erect as many regulatory hurdles as possible for pipeline developers.

The most recent example of environmental groups’ success in this arena came last week, when the United States Court of Appeals for the Fourth Circuit …

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CERCLA
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Environmental Due Diligence for Corporate Transactions: The Bona Fide Purchaser and the All Appropriate Inquiry Rule

A few months ago we posted our first blog on environmental due diligence, and as promised, we will continue to post on this important subject. This week we will focus on the popular, yet oft-mistaken, bona fide purchaser exception and the all appropriate inquiries rule (AAI rule) under CERCLA. In purchasing property, a buyer will conduct an assessment to determine whether a parcel (or property connected to an entity being acquired) has potential environmental contamination concerns and whether any issues may necessitate remedial action in …

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Clean Air Act / Colorado / EPA
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Climate Change Lawsuits Heat Up – The City of Boulder, Boulder County, and San Miguel County Join the Mix

On April 17, 2018, the City of Boulder, Boulder County, and San Miguel County, all in Colorado, collectively became the latest government entities to file suit against some of the world’s largest oil and gas companies, seeking compensation for the costs of adapting to climate change in their communities.

 

Non-coastal suits arrive:

The Colorado suit, similar to all the previously filed government suits, alleges that the defendants’ greenhouse gas products are directly responsible for current and future physical impacts in their communities, and seeks …

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EPA / Illinois
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Extra-Terrestrial? Illinois Attorney General to File Suit Over Emission Controls in Wisconsin

Illinois Attorney General Lisa Madigan has announced she plans to file a lawsuit challenging a recently issued ruling by the U.S. Environmental Protection Agency (EPA). While lawsuits involving environmental regulations between individual states and the federal government are becoming increasingly prevalent, this suit is noteworthy as it involves a manufacturing facility being built by Foxconn Technology Group (Foxconn) just north of the Illinois border in southeast Wisconsin. The Taiwanese company plans to build flat-screen display panels at the factory and campus in Racine County that …

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Clean Water Act / EPA / Wastewater
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What Happens to Wastewater From Oil and Gas Extraction? EPA Seeks Input

The U.S. Environmental Protection Agency (EPA) has begun soliciting information for a new study that will examine how numerous entities across the U.S., including industry, stakeholders, local officials, energy providers, states, and the EPA itself, regulate and manage wastewater produced during the oil and gas extraction processes.

The goal of the study is to develop better and more effective ways to dispose of, recycle, or reuse the wastewater generated during extraction. By way of example, and with regard to hydraulic fracturing, about half of the …

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