Litigation
U.S. sues BP, eight other defendants for violations of Oil Pollution Act in Deepwater Horizon blowout
Eric Holder, the Attorney General of the United States, announced today that the U.S. Department of Justice has filed a lawsuit alleging that BP, Transocean, and seven other firms caused or contributed to the massive Deepwater Horizon oil spill earlier this year. The lawsuit seeks response costs, natural resource damages, and economic damages under the …
CONTINUE READINGThe Supreme Court and CERCLA
Following up on yesterday’s post, I thought it would be interesting to take a look at the trajectory of Supreme Court cases dealing with CERCLA liability. In the federal courts generally, CERCLA cases began slowly, with one in 1981 and 11 in 1982. The number of cases per year then built steadily until at peak …
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CONTINUE READINGThe (Somewhat Puzzling) Trajectory of CERCLA Litigation
The pattern of reported CERCLA opinions is puzzling — a steady rise until 1995, followed by a decline until 2002, followed by another rise through 2010. The explanation for the final period is unclear.
CONTINUE READINGHappy Birthday, CERCLA!
Thirty years ago today, Congress enacted the Comprehensive Environmental Response, Clean-up and Liability Act (a/k/a CERCLA or Superfund). CERCLA’s primary thrust is to create liability for cleanup of leaking waste disposal sites. The statute was Congress’s response to a number of high profile incidents, including the Love Canal debacle, that increased public awareness of the …
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CONTINUE READINGFull Speed Ahead!
The D.C. Circuit rejected efforts to stay EPA’s pending greenhouse gas regulations until the court decides the merits of the appeals. It could well take a year or more for the merits to be decided, so in the meantime EPA can move forward. The court order does not indicate any view on the merits of …
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CONTINUE READINGCert in Connecticut v. AEP: Eight Comments
1) Well, Obama got what he wanted. And it’s a good thing, too: by attempting to short-circuit public nuisance suits, he established his good faith on climate change and paved the way for bipartisan cooperation. 2) It is absurd to argue that a common-law tort claim runs afoul of the political question doctrine. I’m not …
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CONTINUE READINGU.S. Supreme Court to Hear Climate Change Nuisance Case
The 2010-2011 U.S. Supreme Court case promises to be a blockbuster one for environmental law. The Court today announced that it had granted a petition for certiorari filed in AEP v. Connecticut (the lower court decision in the case is here). The case, brought by a number of states against the country’s five larges utilities , …
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CONTINUE READINGConnecticut v. AEP Cert Decision Soon?
A reporter just called me for background on the climate change public nuisance case from the Second Circuit, Connecticut v. AEP. She said, “As you probably know, the Supreme Court will announce on Monday whether it will take the case.” Um, no, actually: I didn’t know that. The Supremes make their decisions throughout the year, …
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CONTINUE READINGState AGs Ready to Attack Constitutionality of California’s AB 32
An important postscript to my earlier post regarding Berkeley Law’s/CLEE’s newly-published white paper on Proposition 23. That’s the California initiative measure that, if approved by voters this November, would suspend implementation of that state’s Global Warming Solutions Act, better known as AB 32. The San Francisco Chronicle reports today that the Attorneys General of Alabama, …
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CONTINUE READINGClean Ports Program Moves Ahead — A Little
A few days ago, District Judge Christina Snyder issued her 57-page ruling in American Trucking Ass’n v. City of Los Angeles, the trade association’s challenge to the city’s clean ports program. The ruling gave the city a crucial victory, and it has more than local significance: if its reasoning is accepted, it could lead to …
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