Searching Content indexed under Litigation, Mediation & Arbitration by Phillip Hoover ordered by Published Date Descending.
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Landfill Pollution Suits Removed To Federal Court
A federal court in the U.S. District Court for the Eastern District of Louisiana has ruled that seven consolidated suits over landfill pollution were properly removed to federal court.
United States
16 Aug 2019
No Time Bar For Injunctive Relief For New Source Review Violations, 5th Circuit Rules
On October 1, the U.S. Court of Appeals for the 5th Circuit held that there is no statute of limitations applicable to an EPA enforcement action for injunctive relief ...
United States
22 Jan 2019
California Appeals Court Upholds Jury Verdict That Project Owner Not Liable For Asbestos Injury To Contract Worker
Under the contractor's agreement with the water company, the water company supplied all materials for the sewer improvement project while the contractor supplied labor, tools, and equipment.
United States
10 Dec 2018
Increased Regulation Coming For Coal Ash
The decision of the U.S. Court of Appeals for the District of Columbia Circuit on August 21 in Utility Solid Waste Activities Group (USWAG), et al v. EPA, No. 15-1219
United States
29 Oct 2018
ConocoPhillips Settles With Venezuela's PDVSA To Recover $2 Billion
U.S. producer ConocoPhillips on Monday said Venezuela's PDVSA agreed to pay $2 billion to settle an arbitration award, suspending a dispute that blocked the state-run oil firm from exporting crude from most of its key Caribbean facilities.
United States
9 Sep 2018
High Court Rules In Favor Of Landowners, Over Army Corps Of Engineers Objections, On Designating Waters Of The United States
In an 8-0 decision, the United States Supreme Court held that designating a property as a Water of the United States was a final agency action.
United States
6 Jun 2016
Contribution Claims Under CERCLA Limited Where Party Seeking Contribution Has Settled With Federal Government
Under the Superfund law, defendants face joint and several liability, while contribution claims are limited to a defendant's equitable share of the cost of the remediation at the site.
United States
31 May 2016
Civil Penalty Shield Removed From Mercury And Air Toxics Standard
On April 6, the U.S. EPA published a final rule removing the affirmative defense language for power plants that shielded operators from civil penalties related to violations caused...
United States
25 May 2016
States Challenge EPA's Clean Power Plan
More than two dozen states, along with industry, utility and other groups, have joined a lawsuit challenging the EPA's Clean Power Plan.
United States
6 May 2016
Authority To Implement EPA Carbon Plan Questioned
The U.S. EPA has urged the states to begin making preparations for compliance with the Clean Power Plan in anticipation of resolution of the challenges in favor of the EPA.
United States
23 Mar 2016
Eighth Circuit Reverses Summary Judgment Finding Of CERCLA Arranger Liability
On December 10, the Eighth Circuit Court of Appeals, in a 2-1 decision, reversed a trial court's summary judgment finding that Dico, Inc. had arranger liability under CERCLA for selling buildings known to contain PCB-contaminated insulation.
United States
3 Feb 2016
Wetlands, Finality Of Jurisdictional Determinations
On December 11, 2015, the U.S. Supreme Court agreed to review whether a Clean Water Act (CWA) jurisdictional determination issued by the U.S. Army Corps of Engineers...
United States
8 Jan 2016
EPA Sued Over New Ozone Standard
On October 26, 2015, the U.S. EPA published new, more stringent ozone standards of 70 ppm, opening the 60-day window of opportunity to file lawsuits seeking review of the new rule.
United States
11 Nov 2015
EPA Sued Again Over Clean Power Plan Rule
On Friday twenty-four states, led by West Virginia's Republican Attorney General, Patrick Morrisey, and Murray Energy Corp. filed two petitions against the Environmental Protection Agency...
United States
2 Nov 2015
States' Motion To Consolidate Clean Power Plan Lawsuit Denied
The U.S. Court of Appeals for the District of Columbia has denied an emergency motion from 15 states to consolidate their lawsuit challenging the EPA's Clean Power Plan with other pending appeals challenging the EPA's carbon dioxide standards.
United States
16 Sep 2015
States' Motion To Consolidate Clean Power Plan Lawsuit Denied
The U.S. Court of Appeals for the District of Columbia has denied an emergency motion from 15 states to consolidate their lawsuit challenging the EPA's Clean Power Plan...
United States
10 Sep 2015
Supreme Court Overturns D.C. Circuit Opinion On EPA MATS Regulations
There is disagreement over what will become of the MATS regulations while the Circuit Court considers the case further.
United States
3 Jul 2015
Liability Allocation Under CERCLA Within Court's Discretion
Under the Ruling, District Courts can apply equitable factors in deciding whether to subtract from a Plaintiff's potential recovery the exact amount of settlement proceeds obtained...
United States
1 Jun 2015
Liability Allocation Under CERCLA Within Court's Discretion
A Federal Appeals Court in the Ninth Circuit has unanimously ruled on April 2, that Federal Trial Courts are not required to employ a specific formula when allocating costs between private parties...
United States
27 May 2015
Federal Case Law Impacts Superfund Cost Recovery And Contribution Actions
Several recent court decisions provide additional clarity as to which section is appropriate given the procedural status of the claim.
United States
29 Apr 2015
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