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Appellate Courts › Contamination

Mitchell, Williams, Selig, Gates & Woodyard,...

Comprehensive Environmental Response Compensation and Liability Act/Cost Recovery: Federal Appellate Court Addresses Appropriate...

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The United States Court of Appeals for the Sixth Circuit (“Court”) in a May 12th Opinion addressed issues arising out of actions being brought to recover cleanup costs under the Comprehensive Environmental Response,...more

Fox Rothschild LLP

Alleging Non-AFFF Claims in a Separate Action May Not Keep Those Claims in State Court

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State government plaintiffs in cases against PFAS manufacturers have adopted the strategy of filing parallel complaints in state court – one for recovery for contamination caused by PFAS in AFFF and a second for potentially...more

Blank Rome LLP

New Jersey Appellate Division Makes Clear Experts Must Demonstrate a Scientifically Recognized Methodology

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Recently, the New Jersey Appellate Division, in Dorrell v. Woodruff Energy, Inc., vacated a 2018 judgment against Chevron U.S.A., Inc. (“Chevron”) that had found Chevron liable for gasoline contamination. More specifically,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

GenX/Safe Drinking Water Act: Federal Appellate Court Addresses Reviewability of Health Advisory

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The United States Court of Appeals, Third Circuit (“Court”) addressed in a July 23rd Opinion an issue arising out of publication of a health advisory by the United States Environmental Protection Agency (“EPA”). See Chemours...more

Warner Norcross + Judd

Michigan Court of Appeals Finds PFAS Standards Invalid

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On August 22, the Michigan Court of Appeals upheld 3M Company’s challenge to rules announced by the Michigan Department of Environment, Great Lakes and Energy (EGLE) that regulate the amount of certain per- and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Superfund/Cost-Recovery Action: Federal Appellate Court Addresses Challenge to Allocation Methodology

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The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a June 3rd Opinion an issue arising under a Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA” or “Superfund”) cost...more

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