By Riley Brennan | February 16, 2024
Judge Gregory A. Phillips dissented from the majority's ruling granting Valero's motion for summary judgment. According to the majority, the dissent concluded that the lower court had correctly granted summary judgment as to Lazy S's legal injury, having relied on Valero's sampling data.
New York Law Journal | Analysis
By Karen Meara and Christopher Rizzo | February 16, 2024
In their Domestic Environmental Law column, Christopher Rizzo and Karen Meara present the current state of the law for climate disclosures in select major markets, particularly New York, and likely developments in 2024.
By Marianna Wharry | February 13, 2024
The court also ordered the Jimenezes to pay $1,789,972 in victims' restitution.
By Colleen Murphy | February 12, 2024
"The court finds that the settlement agreement is reasonable," U.S. District Judge Richard Gergel said. "As discussed at length ... success against defendants, which 'are responsible for only three to seven percent of the MDL defendants' total alleged PFAS-related liabilities,' is not guaranteed and would only come, if ever, after years of protracted, expensive, complex litigation."
New York Law Journal | Commentary
By Scott Fein, Patrick A. Woods, and Harrison Robbins | February 12, 2024
What is the constitutional 'standard of review' the courts should use to judge a government action that allegedly violates the Green Amendment? The standard of review will decide its long-term importance.
By Charles Toutant | February 9, 2024
The property was used for manufacturing of drugs and chemicals from 1915 to 1999, the suit states. During that period, waste was placed in at least 27 large, pondlike storage and disposal areas that were referred to as impoundments, the suit claims.
The Legal Intelligencer | Commentary
By David G. Mandelbaum | February 9, 2024
Often, the plaintiff has brought the case even though the plaintiff has not paid a very significant portion of the total costs, has not committed to pay a significant portion of the costs, and has not been adjudicated responsible for anything. Why does that private plaintiff get to trigger allocation litigation?
By Marianna Wharry | February 8, 2024
"The court of appeals' decision is incredibly important, it puts water companies like the city of Spokane on notice that if they fail to charge reasonable rates, they will very likely see those rates challenged in court," the petitioners' counsel, Alexandria Drake, of Dunn & Black in Spokane, told Law.com.
By Amanda Bronstad | February 8, 2024
A federal judge on Thursday granted final approval to DuPont's $1.185 billion settlement with an estimated 14,000 public water providers across the country.
By Maydeen Merino | February 8, 2024
EarthJustice calls the move "lifesaving" while the American Petroleum Institute decries a "short-sighted policy."
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