News & Analysis as of

Site Remediation Motion to Dismiss

Lowenstein Sandler LLP

TSCA Citizen Suit and Public Nuisance Claims Dismissed by EDNY

On May 19, the Eastern District of New York (the Court) dismissed claims brought by the Town of Oyster Bay, New York (the Town) under Section 20(a)(1) of the Toxic Substances Control Act (TSCA)1 and for public nuisance...more

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

Environmental Assessment/Service Contract: Federal Court Addresses Scope of Indemnity for Alleged Negligence

Co-Author JD Bruning The District Court of Maryland (“District Court”) in an April 9th Opinion addressed an issue involving a contract dispute stemming from an environmental assessment. See District of Columbia Water and...more

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

Trafalgar Stump Dump: Arkansas Department of Energy and Environment - Division of Environmental Quality Motion to...

Two documents were prepared by the Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) in regards to Thomas Fredericks and Fredericks Construction Company, Inc., (“Fredericks”) Consent...more

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

Trafalgar/Stump Dump: Fredericks/Fredericks Construction Company, Inc.'s Joint Reply to Bella Vista Property Owners Association's...

Fredericks Construction Company, Inc. (“Fredericks Construction Company”) and Thomas Fredericks (“Fredericks”) filed a Joint Reply to the Bella Vista Property Owners Association’s Response to Motions to Dismiss. See Docket...more

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

Coal Tar/Property Damage Action: New Jersey Appellate Court Addresses Statute of Limitations Issue

The Appellate Division of the Superior Court of New Jersey (“Court”) addressed in a June 20th opinion several issues associated with a landowner’s lawsuit alleging damages caused by coal tar originating from an adjacent...more

McCarter & English, LLP

Coal Plant Shutdowns: Operators Need to Manage Community Relationships

Imagine this scenario: A company operates a coal ash landfill. Local citizens protest and organize an advocacy group against it and create a Facebook page. The company responds by suing the individual members of the group for...more

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