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Which is more effective: official claims process or litigation?
On August 10th, the Judicial Panel on Multidistrict Litigation entered an order consolidating the Deepwater Horizon litigation, involving over 300 cases, to the Eastern District of Louisiana before...
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Will the U.S. Supreme Court Cool Off Global Warming Litigation?
The fate of climate change litigation now rests in the hands of the United States Supreme Court. Electric utilities, having suffered a surprising defeat at the hands of the Second Circuit last year in...
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Climate Change/Global Warming Litigation
The U.S. Supreme Court is getting set to hear the challenge to a federal court of appeals decision allowing several states to pursue a public nuisance suit against various utilities for their alleged...
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Industrial Enterprsies, Inc. v. Penn America Ins. Co., No. 09-2346 (4th Cir....
Carrier not responsible for covering clean-up costs at a CERCLA site under Maryland law. Those costs were incurred to satisfy a regulatory requirement. Background: On July 9, 1999, the U.S....
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How About A Victory for Industry in the Supreme Court's Long Awaited AEP...
Truth, justice and industry prevailed today when the Supreme Court rejected the attempt by various states, New York City and several environmental groups to have the judicial system regulate the limits...
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Judgment Striking down Morgantown Fracturing Ban is now final after City...
On August 17, 2011, the Oil & Gas Law Brief reported that a West Virginia judge had entered an order striking down a ban on hydraulic fracturing enacted by the City of Morgantown. The judge ruled...
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North Carolina Studies Possible Shale Gas Production
(originally published in the Oil & Gas Law Brief on October 10, 2011)The areas of the country with ongoing or contemplated shale gas production continue to increase in number. The North Carolina...
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Sackett v. EPA: The Supreme Court Hears Argument in Wetlands Case
On Monday, January 9, 2012, the Supreme Court heard argument in a case challenging the Environmental Protection Agency’s issuance of administrative compliance orders under the Clean Water Act, 33...
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Marcellus Shale Drilling Regulation
The West Virginia Legislature recently passed a bill designed to regulate Marcellus Shale Drilling. The City of Wellsburg West Virginia just passed an ordinance that bans hydraulic fracturing in the...
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Allegations Matter: Remand Denied for Failure to Plead Causation by Non...
Two recent rulings denying motions to remand in chemical exposure cases by demonstrate that a complaint must contain sufficient facts to show legitimate claims against all parties. A failure to...
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“What All the Fuss Is About”: The Supreme Court Confirms Property Owners’...
The U.S. Supreme Court has rejected the federal government’s argument that compliance orders issued by the U.S. Environmental Protection Agency (“EPA”) under the Clean Water Act, 33 U.S.C. §§ 1251 et...
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Hydraulic Fracturing Risks and Opportunities
On April 18, 2012, Winston & Strawn and the Environmental Law Institute co-hosted an informative seminar on, “Hydraulic Fracturing Risks and Opportunities: Regulator, NGO, Industry and Investor...
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Lone Pine Order Ends "No Causation" Hydrofracking Case
A Lone Pine Order is an innovative judicial case management tool that requires toxic tort plaintiffs to produce credible expert evidence to support their theory of causation (or another key component...
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D.C. Circuit Vindicates EPA; Upholds Greenhouse Gas Regulations
On June 26, 2012, the United States Court of Appeals for the District of Columbia Circuit ruled that the United States Environmental Protection Agency (“EPA”) acted properly in moving to regulate the...
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So What’s Left Post Kivalina For Climate Change Litigation?
With an election brewing, plaintiffs trying to impact climate change may find themselves lobbying politicians rather than running to the nearest courtroom. On September 21, 2012, the Ninth Circuit...
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Climate Change Legislation Post-Sandy
Even before Hurricane Sandy devastated the East Coast, climate change policy had been on the forefront of federal and state legislative agendas. However, the size and scope of Sandy has brought a...
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Frye Decision in BMW Case Results in Exclusion of Plaintiff's Experts
In a thoughtful decision handed down in Reeps v. BMW of North America, LLC, 2012 N.Y. Slip Op. 33030(u), on December 16, 2012 in New York County Supreme Court, the Hon. Louis B. York excluded the...
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NLRB: Business as Usual in Wake of Recent Court Ruling
On January 25, 2013, the U.S. Court of Appeals for the District of Columbia held that the National Labor Relations Board (“NLRB”) lacked a sufficient quorum of members when it issued a finding that...
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EPA Required Greenhouse Gas Permitting Continues in Texas
EPA and Texas have an ongoing fight about many things, greenhouse gas regulation and permitting being only one of them. The State refused to accept EPA’s decision under what is known as the Tailoring...
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A Strike against Fracking in California
In a decision made public on April 8, 2013, the United States District Court, for the Northern District of California, effectively put an end to fracking in the Monterey Shale Formation, for the time...
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