Judge Dismisses Climate Change Suit Filed against Five Large Energy Companies

On June 25, 2018, Judge William Alsup dismissed the suits filed by the cities of Oakland and San Francisco, even though the judge openly stated that he thought burning fossil fuels caused global warming.  Among the statements in his opinion supporting the dismissal: “With respect to balancing the social utility against the gravity of the […]

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Record Surface Owner Could Not Disprove Ownership and Must Remove Underground Tanks

The deed records indicated Matthew Pryor was the owner of a former Gulf gas station, which had three underground storage tanks.  Pryor claimed the deed showing him as owner was fraudulent.  He also asserted Chevron, successor to Gulf, owned the tanks.  In Pryor v. State, the Third Court of Appeals in Austin, Texas upheld a […]

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Failure to Consider Key Evidence Leads to Reversal of Superfund Site Listing

The United States Court of Appeals for the District of Columbia Circuit (“DC Circuit”) has reversed EPA’s listing of the West Vermont Drinking Water Contamination Site (the “Site”). In deciding Genuine Parts Company v. EPA, the DC Circuit said EPA: Ignored evidence that did not support its listing; Relied on certain portions of studies that […]

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New York State Official Says States Will Respond to Trump Environmental Policies

Michael J Myers, Senior Counsel for Air Pollution and Climate Change Litigation in the New York State Attorney General’s Environmental Protection Bureau, authored an article that appeared recently in Trends, the American Bar Association Newsletter of the Section of Environment, Energy, and Resources (SEER).  The SEER article discussed state responses to the “Trump administration’s environmental […]

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