Month: July 2019

Rhode Island Federal Judge Says State’s Climate Change Suit Should Be in State Court

In State of Rhode Island v. Chevron, the State sued over 20 energy companies in state court, seeking damages and injunctive relief, due to the alleged contribution of the energy companies to climate change.  The State’s suit is based on the doctrine of public nuisance and other claims recognized by state law. Disagreement on the […]

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9th Circuit Says Agreement Settled CERCLA Claims of Both Parties

Asarco and Union Pacific (“UP”) reached an agreement regarding various issues, including Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) claims relating to various disposal sites.  Part of the agreement stated that Asarco released UP for “any and all damages, losses, expenses, costs, liabilities, claims demands, suits, causes of action, and complaints, of any kind, […]

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Appellate Court Reverses Certification of Subclass in Plains Pipeline Case

The US Court of Appeals for the Ninth Circuit reversed a district (trial level) court’s class action certification order in a suit against Plains All America Pipeline, L.P. and Plains Pipeline, L.P. (“Plains”) claiming damages from a 2015 oil spill from a Plains pipeline in Santa Barbara, California.  The district court had certified as appropriate […]

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DOJ Issues Environmental Accomplishments Report

The Environmental and Natural Resources Division (ENRD) of the US Department of Justice (DOJ) issued its Summary of Division Accomplishments for Fiscal Year 2018 (the Report). ENRD Priorities The Report identifies the following ENRD priorities: • enforcing pollution abatement and wildlife protection laws, particularly in cases involving fraud or abuse; • promoting energy independence and […]

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