Environmental Litigation and Mass Tort

255 Search Results

District Court Denies Enforcement of $97 Million Nicaraguan Judgment Based on Lack of Due Process and Judicial Corruption

In a detailed ruling with important implications for any company doing business abroad, Judge Paul C. Huck of the United States District Court in Miami this week denied enforcement of a $97 million judgment that a Nicaraguan court had rendered against Dole Food Company, Inc.

Client Alert | October 23, 2009

EPA Withdraws Significant New Use Rules for Carbon Nanotubes Over Adverse Comments

Gibson, Dunn & Crutcher's Environmental Litigation and Mass Tort Group is closely tracking regulatory and legislative activity relating to the regulation of nanotechnology, which is an emerging technology that involves an increasing number of products and businesses.

Client Alert | September 24, 2009

Loss of Peak Market Real Estate Sales as Damages in Contamination Cases

Companies alleged to have caused contamination often face claims from third-party property owners alleging under common law nuisance or trespass that the contamination has caused a decrease in market value, often referred to as "stigma damage," to plaintiffs’ nearby property.

Client Alert | September 21, 2009

Environmental News: Climate Change – September 2009

September 2009The third issue of Gibson, Dunn & Crutcher's Environmental News: Climate Change newsletter is now available.  We hope you will find this periodic briefing on recent legal developments concerning climate change and greenhouse gas emissions informative.

Client Alert | September 3, 2009

Comment on Developing a Comprehensive Approach to Climate Change Mitigation Policy in the United States: Integrating Levels of Government and Economic Sectors

Washington, D.C. partner Raymond B. Ludwiszewski and of counsel Charles H. Haake are the authors of "Comment on Developing a Comprehensive Approach to Climate Change Mitigation Policy in the United States: Integrating Levels of Government and Economic Sectors" [PDF] published in the August 2009 issue of the Environmental Law Reporter.

Client Alert | August 31, 2009

In Environmental Cases, Petition Immunity Can Complement Pre-Emption

Orange County associate James M. Sabovich is the author of "In Environmental Cases, Petition Immunity Can Complement Pre-Emption" [PDF] published in the August 27, 2009 issue of the Los Angeles Daily Journal.

Client Alert | August 27, 2009

California’s Office of Environmental Health Hazard Assessment (OEHHA) Proposes New, More Stringent, Drinking Water Standard for Hexavalent Chromium

On August 20, 2009, California's Office of Environmental Health Hazard Assessment (OEHHA) announced a new, and significantly more stringent, proposed Public Health Goal (PHG) for the compound hexavalent chromium, or chromium(VI).

Client Alert | August 21, 2009

Cleaning Up Their Act

Los Angeles partner Jeffrey D. Dintzer, Los Angeles associate Krista L. Hernandez, and San Francisco associate Jenna Musselman Yott are the authors of "Cleaning Up Their Act" [PDF] published in the August 20, 2009 issue of the Los Angeles Daily Journal.

Client Alert | August 20, 2009

Insurance and Equity in CERCLA: The Missed Opportunity of Friedland v. TIC

Washington, D.C. partner Peter E. Seley and associate Zia C. Oatley are the authors of "Insurance and Equity in CERCLA: The Missed Opportunity of Friedland v. TIC" [PDF] published in the July 2009 issue of Bloomberg Law Reports - Environmental Law.

Client Alert | July 30, 2009

U.S. Supreme Court Addresses Availability of Cost-Benefit Analysis in Environmental Laws

Los Angeles of counsel Brett H. Oberst and associate Charles Abbott III are the authors of "U.S. Supreme Court Addresses Availability of Cost-Benefit Analysis in Environmental Laws" [PDF] published in the July 2009 issue of Mealey's Pollution Liability Report.

Client Alert | July 1, 2009

U.S. Supreme Court Holds That Discharge of “Fill Material” Can Be Permitted by the Corps of Engineers Under Section 404 of The Clean Water Act, Even If EPA’s Effluent Restrictions Otherwise Would Apply

On June 22, 2009, the U.S. Supreme Court handed down its decision in an important Clean Water Act case, Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, upholding a discharge permit issued by the U.S.

Client Alert | June 26, 2009

Damaged Before Repair

Orange County partner Alan Bick, and associates James Sabovich and John Carter are the authors of "Damaged Before Repair" [PDF] published in the June 11, 2009 issue of the Daily Journal.

Article | June 11, 2009

Climate Change: A Heat Wave of New Federal Regulation and Legislation

Washington, D.C. partner Raymond B. Ludwiszewski and of counsel Charles H. Haake are the authors of "Climate Change: A Heat Wave of New Federal Regulation and Legislation" [PDF] published in the June 2009 issue of The Federal Lawyer.Reprinted with the permission of The Federal Laywer.

Client Alert | June 1, 2009

A Potentially Game-Changing Ruling on CERCLA Liability

Los Angeles partner Jeffrey D. Dintzer and Washington, D.C. associate Jennifer D. Greenston are the authors of "A Potentially Game-Changing Ruling on CERCLA Liability" [PDF] published in the May 14, 2009 issue of The Daily Journal.

Client Alert | May 14, 2009

The Trouble With Angels: Carbon Capture and Storage Hurdles and Solutions

Washington, D.C. of counsel Charles H. Haake and staff attorney Karyn Bergmann Marsh are the authors of "The Trouble With Angels: Carbon Capture and Storage Hurdles and Solutions" [PDF] published in the May 8, 2009 issue of BNA Inc.'s World Climate Change Report.

Client Alert | May 8, 2009

Carbon Sequestration

Washington, D.C. of counsel Charles H. Haake and staff attorney Karyn B. Marsh are the authors of "Carbon Sequestration" [PDF] published in the May 8, 2009 issue of BNA's World Climate Change Report.

Client Alert | May 8, 2009

Supreme Court Decision Diminishes the Scope and Sting of CERCLA Liability for Some

In a nearly unanimous decision authored by Justice Stevens, the Supreme Court in Burlington Northern & Santa Fe Railway Co. v. United States took much of the sting out of a party’s Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) liability if that party makes a reasonable showing that its contribution to the contamination at issue is divisible.

Client Alert | May 6, 2009

The Intersection of CPISA and Wyeth

Los Angeles partner Jeffrey D. Dintzer, of counsel Brett H. Oberst and associate Lindsay K. Larris are the authors of "The Intersection of CPISA and Wyeth" [PDF] published online by Law360 on May 6, 2009 at law360.com.

Client Alert | May 6, 2009

Environmental News: Climate Change – May 2009

May 2009The second issue of Gibson, Dunn & Crutcher's Environmental News: Climate Change newsletter is now available.  We hope you will find this periodic briefing on recent legal developments concerning climate change and greenhouse gas emissions informative.

Client Alert | May 5, 2009

Perchlorate Challenges Obama’s Pledge to Give Primacy to Science at EPA

Los Angeles partner Jeffrey D. Dintzer and Washington, D.C. associate Jessica D. Greenston are the authors of "Perchlorate Challenges Obama's Pledge to Give Primacy to Science at EPA" [PDF] published in the May 4, 2009 issue of BNA's Chemical Regulation Reporter.

Client Alert | May 4, 2009

The Recovery of Environmental Costs by Government Contractors

Washington, D.C partner Michael K. Murphy and associate Stacie B. Fletcher are the authors of "The Recovery of Environmental Costs by Government Contractors" [PDF] published in the May 2009 issue of Thomson Reuters's Briefing Papers.

Article | May 4, 2009

CERCLA in the Post-Atlantic Research World: Some Emerging Questions

Washington, D.C. partner Michael K. Murphy and associate Jessica D. Greenston are the authors of "CERCLA in the Post-Atlantic Research World: Some Emerging Questions" [PDF] published in the Sprin 2009 issue of ABA's The Environmental Litigator.Reprinted with permission from The Environmental Litigator Vol.

Client Alert | April 30, 2009

Limited Participation by Industry in Voluntary EPA Program on Nanomaterials Prompts EPA Regulatory Decision by End of Year

Gibson, Dunn & Crutcher's Environmental Litigation and Mass Tort Group is closely tracking regulatory and legislative activity relating to the regulation of nanotechnology, which is an emerging technology that involves an increasing number of products and businesses.

Client Alert | April 28, 2009

USA Today School Study Spawns Concern, Scrutiny and Lawsuits

In December 2008, USA Today published a special report entitled “The Smokestack Effect: Toxic Air and America’s Schools.” The report purports to evaluate industrial pollution at 127,800 public and private schools across the country.

Client Alert | April 24, 2009

EPA Proposes Finding That Greenhouse Gases Endanger the Public Health and Welfare

The Environmental Protection Agency recently took a first key step towards regulating greenhouse gas emissions from new motor vehicles by announcing its proposed endangerment finding under Section 202(a) of the Clean Air Act.

Client Alert | April 20, 2009

U.S. Supreme Court Addresses Availability of Cost-Benefit Analysis In Environmental Laws

On April 1, 2009, in the case of Entergy Corp. v. Riverkeeper, Inc., the United States Supreme Court held that when legislation does not clearly prohibit the use of a cost-benefit analysis, the Environmental Protection Agency ("EPA") may set a regulatory standard on grounds that the costs outweigh the benefits of a higher, more protective, standard.

Client Alert | April 13, 2009

Environmental News: Climate Change – March 2009

March 2009The inaugural issue of Gibson, Dunn & Crutcher's Environmental News: Climate Change newsletter is now available.  We hope you will find this periodic briefing on recent legal developments concerning climate change and greenhouse gas emissions informative.

Client Alert | March 27, 2009

Recent Supreme Court Decision Limits Ability To Find That Federal Regulations Preempt Causes of Action Under State Law

On Wednesday, March 4, 2009, the Supreme Court released a decision holding that federal approval of labels giving warnings about the effects of drugs does not pre-empt lawsuits bringing state law claims of inadequate warnings.

Client Alert | March 10, 2009

Vapor Intrusion: New Exposures, Old Sites

Orange County associates Sarah Schlosser and Tu-Quyen Pham are authors of "Vapor Intrusion: New Exposures, Old Sites" [PDF] published online by Law360 on March 6, 2009 at law360.com.

Client Alert | March 6, 2009

McDonald v. Sun Oil: The Ninth Circuit’s Constitutionally Questionable Expansion of CERCLA’s Toxic Tort Discovery Rule

Washington, D.C. partner Peter E. Seley and associate Coral A. Shaw are authors of "McDonald v. Sun Oil: The Ninth Circuit's Constitutionally Questionable Expansion of CERCLA's Toxic Tort Discovery Rule" [PDF] published in the March 2009 issue of ELI's Environmental Law Reporter.

Client Alert | March 2, 2009

Diminished Property Value Claims in a Diminished Real Estate Market

Orange County associate James M. Sabovich and associate Heather D. Hearne are authors of "Diminished Property Value Claims in a Diminished Real Estate Market" [PDF] published on February 19, 2009 in BNA Inc.'s Toxics Law Report.

Client Alert | February 19, 2009

Federal Court in District of Columbia Finds EPA’s Administration of Section 106 of CERCLA Not a Violation of Due Process

On January 27, 2009, in General Electric v. EPA, 2009 U.S. Dist. LEXIS 5379 (D.C. Jan. 27, 2009), the United States District Court for the District of Columbia held that the "unilateral administrative order" regime under section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), as administered by the Environmental Protection Agency ("EPA"), does not offend due process.

Client Alert | February 6, 2009

Western District of Washington Limits Access To Section 113(f)(1) of CERCLA

A recent ruling from the Western District of Washington highlights the uncertainty facing litigants as district courts continue to struggle to apply the guidance found in the Supreme Court's two landmark CERCLA decisions, Cooper Industries v. Aviall Services, Inc., 543 U.S.

Client Alert | February 2, 2009

Accounting for Climate Impacts Under the California Environmental Quality Act

Los Angeles partner Jeffrey D. Dintzer and associate Margaret A. Farrand are the authors of "Accounting for Climate Impacts Under the California Environmental Quality Act" [PDF] published in BNA Inc.'s Daily Environmental Report.

Client Alert | January 5, 2009

Orange County Superior Court Rules Los Angeles Storm Water Standards in Violation of State Law

On November 26, the Orange County Superior Court ruled that Water Quality Standards for storm water promulgated by the Los Angeles Regional Water Quality Control Board ("Regional Board") in its Los Angeles Region Basin Plan were invalid under state law.

Client Alert | December 17, 2008

EPA Opens Public Comment Period Concerning Nanotechnology Regulation

We are closely tracking regulatory and legislative activity relating to the regulation of nanotechnology, which is an emerging technology that involves an increasing number of products and businesses.

Client Alert | December 9, 2008

CARB Identifies Significance Thresholds for Greenhouse Gases under CEQA

For the past few years, concern over the potential impacts of new developments on climate change has prompted the attention of state officials to begin developing methods under the California Environmental Quality Act (CEQA) to reduce greenhouse gas (GHG) emissions.

Client Alert | December 4, 2008

Petition Without Prejudice: Against the Fraud Exception to Noerr-Pennington Immunity from the Toxic Tort Perspective

Orange County associate Jim M. Sabovich is the author of "Petition Without Prejudice: Against the Fraud Exception to Noerr-Pennington Immunity from the Toxic Tort Perspective" [PDF] published in the December 2008 issue of Penn State Environmental Law Review.

Client Alert | December 1, 2008

Precaution In Applying The Precautionary Principle

Los Angeles partner Jeffrey D. Dintzer, of counsel Brett H. Oberst, associates Lindsay K. Larris and Lynn Hang are the authors of "Precaution In Applying The Precautionary Principle" [PDF] published online by Law360 on November 26, 2008 at law360.com. 

Client Alert | November 26, 2008

U.S. District Court for the District of New Mexico Affirms “But For” Test Is Required to Prove Causation in Toxic Tort Lawsuit

In a recent ruling, the U.S. District Court for the District of New Mexico dismissed the claims of residents who lived near a uranium mill because they failed to prove that they would not have developed cancer “but for” their exposure to hazardous substances migrating from the mill.

Client Alert | November 3, 2008

Climate Change Disclosures in SEC Filings “Heat Up”

On August 27, 2008, New York Attorney General Andrew Cuomo announced that his office had reached an agreement with Xcel Energy Inc. (the "Xcel Energy Agreement") in which Xcel Energy agreed to provide greater disclosure on climate change and associated risks in its future annual reports on Form 10-K filed with the Securities and Exchange Commission (the "SEC").

Client Alert | September 22, 2008

Regulating Greenhouse Gases Emissions

Washington, D.C. partner Raymond B. Ludwiszewski, of counsel Charles H. Haake and associate Stacie B. Fletcher are the authors of "Regulating Greenhouse Gases Emissions Using Existing Clean Air Act Authorities: If All You Have Is A Hammer, Everything Looks Like A Nail" [PDF] published in the September 16, 2008 issue of Mealey's Emerging Toxic Torts.

Client Alert | September 16, 2008

EPA’s Advance Notice of Proposed Rulemaking Concerning the Regulation of Greenhouse Gas Emissions Under the Clean Air Act

Our Program:During this briefing, Gibson Dunn's Environment and Natural Resources practice group discusses EPA's recently released Advance Notice of Proposed Rulemaking concerning Regulating Greenhouse Gas Emissions under the Clean Air Act.

Client Alert | September 15, 2008

Comment on Basic Compensation for Victims of Climate Change

Washington, D.C. partner Raymond B. Ludwiszewski and of counsel Charles H. Haake are the authors of "Comment on Basic Compensation for Victims of Climate Change" [PDF] published in the August 2008 issue of the Environmental Law Reporter. Copyright © 2009 Environmetal Law Institute, Washington D.C. reprinted with permissions from ELR, http://www.eli.org

Client Alert | August 31, 2008

Seventh Circuit Court of Appeals Clarifies the Reach of Federal Jurisdiction for “Mass Actions” Under The Federal Class Action Fairness Act

On August 1, 2008, the United States Court of Appeals for the Seventh Circuit decided an issue of first impression and held that the determination of whether an action is a "mass action" under the Class Action Fairness Act of 2005 ("CAFA") can be made at any stage of the proceedings, including when the suit is first filed.

Client Alert | August 12, 2008

House Passes Bill to Impose Stricter Regulations on Consumer Products

On July 30, 2008, the House of Representatives voted 424-1 in favor of a bill that would impose stricter regulations on consumer products, including children's products, that contain certain chemicals.

Client Alert | July 31, 2008

CERCLA and Its “Yellow Brick Road” to Cleaning Up Hazardous Substances

Los Angeles Partner Jeffrey D. Dintzer and Associate San Francisco Jason B. Stavers are authors of "CERCLA and Its 'Yellow Brick Road' to Cleaning Up Hazardous Substances" [PDF] published in the July 10, 2008 of the Toxics Law Reporter.© 2008 by The Bureau of National Affairs, Inc.

Client Alert | July 10, 2008

Rhode Island Supreme Court Rejects Use of Public Nuisance Theories for Allegedly Defective Products

On July 1, 2008, the Supreme Court of Rhode Island issued a decision holding that manufacturers of lead pigment are not liable under a nuisance theory for the harm caused from the use of lead paint.

Client Alert | July 3, 2008

U.S. Supreme Court to Consider Whether Discharges of Fill Material Must Comply with EPA Effluent Limitations

On June 27, 2008, the U.S. Supreme Court granted certiorari in Coeur Alaska, Inc. v. Southeast Alaska Conservation Council. In Coeur Alaska, the Court will decide whether discharges of fill material, which for 35 years have been regulated by the U.S.

Client Alert | July 2, 2008

The Ninth Circuit Holds That Potentially Responsible Parties May Seek Cost Recovery Under Section 107(a) of CERCLA (Kotrous v. Bayer CropScience, Inc., et al.)

On April 17, 2008, the United States Court of Appeals for the Ninth Circuit issued its opinion in Kotrous v. Bayer CropScience, Inc., et al., No. 06-15162, holding that a potentially responsible party (“PRP”) may bring an action for cost recovery under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.

Client Alert | April 21, 2008

From Pharmaceutical To Groundwater Contaminant: Perchlorate Gets A Raw Deal

Jeffrey D. Dintzer and Brett H. Oberst are the authors of "From Pharmaceutical To Groundwater Contaminant: Perchlorate Gets A Raw Deal" [PDF] published in Mealey's Emerging Toxic Torts, October 19, 2007.

Client Alert | October 19, 2007

Supreme Court Holds in United States v. Atlantic Research That Potentially Responsible Parties Have a Cost Recovery Cause of Action Under Section 107(a)(4)(B) of CERCLA

On June 11, 2007, the Supreme Court issued a unanimous opinion in United States v. Atlantic Research Corporation, No. 06-562, holding that the plain language of Section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.

Client Alert | June 11, 2007

The National Toxicology Program Releases Draft Report Linking Hexavalent Chromium in Drinking Water to Cancer in Animals

The National Toxicology Program recently released a draft report on its two-year studies of rodents exposed to hexavalent chromium in drinking water. These studies were undertaken because of concerns raised by a number of California legislators and regulatory offices, including the California Environmental Protection Agency, the California Department of Health Services, and the California Office of Environmental Health Hazard Assessment.

Client Alert | May 1, 2007

Supreme Court Hears Oral Argument in United States v. Atlantic Research and Considers Whether Potentially Responsible Parties Have a Cost Recovery Cause of Action Under Section 107(a)(4)(B) of CERCLA

On Monday, April 23, 2007, the Supreme Court held oral argument in United States v. Atlantic Research Corporation, Case No. 06-562. The Court granted certiorari in Atlantic Research to answer a question that it expressly left open in Cooper Industries, Inc.

Client Alert | April 24, 2007

Perchlorate: Political Rocket Fuel

Los Angeles Partner Jeffrey Dintzer and Associate Brett Oberst are the authors of "Perchlorate: Political Rocket Fuel" [PDF] published in The Recorder’s special report issue of The Environmental Law.

Client Alert | February 28, 2007