News & Analysis as of

Contaminated Properties Damages Hazardous Substances

Lowenstein Sandler LLP

9th Circuit Expands Scope of Recoverable Natural Resource Damages Under CERCLA

On Sept. 3, the U.S. Court of Appeals for the 9th Circuit held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes recovery of natural resource damages for the lost use of...more

Beveridge & Diamond PC

District Court Permits Landowner to Pursue Hazardous Material Dumping Case Against the U.S. Navy

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Illustrating what constitutes sufficient notice to the government of the value of a claim under the Federal Tort Claims Act (FTCA), a Maryland federal court rejected the Navy’s claim that it had insufficient notice of the...more

Gray Reed

Another Oil Field Contamination Plaintiff Waits Too Long

Gray Reed on

Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

Sheppard Mullin Richter & Hampton LLP

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Issues Major Cercla Decision Finding That Arranger Liability Cannot Be Based On Contamination Deposited On A Site By The Wind - Pakootas v. Teck Cominco Metals, No. 15-35228, 2016 U.S. App. LEXIS 13662 (9th...more

Beveridge & Diamond PC

New Jersey Landowner Forfeits Damages by Allowing Defendant to Remediate

Beveridge & Diamond PC on

In what may be a cautionary tale for owners of contaminated property, a New Jersey appellate court has ruled that a landowner forfeited any claim to property damages when he allowed the responsible party to perform...more

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