Archives: Toxic & Mass Tort

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UK Green Paper on Industrial Strategy: Environment Safety and Health Implications

The UK Government has published a Green Paper on Industrial Strategy, which identifies a number of challenges over the coming years, including: building on existing strengths and extending excellence into the future (with reference to the UK’s global reputation in industrial sectors – from automotive and aerospace to financial and professional services and the creative … Continue Reading

The Air (Emissions) of Spring May Soon Give Rise to Unprecedented CERCLA Liability

iStock_000012328862_SmallAs 2015 came to a close, the Ninth Circuit Court of Appeals quietly notified the parties in a decades-long environmental dispute that, in April 2016, the court will hear arguments in a case that could reshape CERCLA liability forever.  The basis for the pending appeal is a district court order holding that air emissions could … Continue Reading

US District Court Holds CERCLA Displaces Federal Common Law Public Nuisance Claims

The US District Court for the Eastern District of Washington recently held in Anderson v. Teck Metals, Ltd. that CERCLA displaces federal common law claims for public nuisance based upon the standard for displacement set out by the US Supreme Court in American Elec. Power Co., Inc. v. Connecticut and the Ninth Circuit in Native Village of Kivalina v. Exxon … Continue Reading

Environmental Regulation and Nanotechnology in the UK and EU: Challenges, Risks and Rewards

What is Nanotechnology? Nanotechnology is a generic term used to describe the design, engineering, production and use of substances and materials at the nanoscale (1 nanometre representing 1 billionth of a metre).  To illustrate, one sheet of standard paper is approximately 100,000 nanometres thick and one nanometre is roughly how long a human fingernail will … Continue Reading

US Supreme Court Holds CERCLA Does Not Preempt State Statutes of Repose

The US Supreme Court has again reiterated that the federal Superfund law should be interpreted narrowly and plainly, this time while addressing the statute’s impact on state tort theories arising from releases of hazardous substances.   In CTS Corp. v. Waldburger, the Court held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt … Continue Reading

Third Circuit Denies Rehearing in Clean Air Act Preemption Case

On September 23, 2013, the Third Circuit denied GenOn Power Midwest LP’s Petition for Rehearing En Banc in the Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P. appeal.  As we previously reported, the petition sought review of the court’s September 3, 2013 decision finding that the Clean Air Act does not preempt state law … Continue Reading

Rehearing Sought After 3rd Circuit Finds Clean Air Act Does Not Preempt State Common Law Tort Claims

On September 3, 2013, GenOn Power Midwest LP filed a Petition for Rehearing En Banc in response to last month’s decision by a panel of the the 3rd Circuit Court of Appeals in Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., finding that the Clean Air Act (CAA) does not preempt state law tort claims brought by … Continue Reading

US Court of Appeals for the Sixth Circuit Leaves Toxic Tort Plaintiffs Without a Nest in Lozar v. Birds Eye Foods, Inc.

The plaintiffs in Lozar, et al. v. Birds Eye Foods, Inc. ( Case No. 12-1945) took another hit on June 27, 2013, when the US Court of Appeals for the Sixth Circuit confirmed the granting of defendant Birds Eye Foods, Inc.’s (BEF) motion for summary judgment based on plaintiffs’ failure to demonstrate causation.  Noting that there must … Continue Reading
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