Following our posts on the Supreme Court's recent decision in Burlington Northern & Santa Fe Railway Co. v. United States, No. 07-1601, -U.S.- (U.S. May 4, 2009) ("BNSF"), this post will discuss implications of this decision on apportionment in Superfund cases as...
Year: 2009
The Supreme Court Clarifies the Requirements for “Arranger” Liability and Allocation of Liability in CERCLA Cases – Part III.
Following our recent posts on the Supreme Court's decision in Burlington Northern & Santa Fe Railway Co. v. United States, No. 07-1601, -U.S.- (U.S. May 4, 2009) ("BNSF"), this post will discuss the implications of this decision on arranger liability.Courts have...
New York State Court of Appeals Makes Significant SEQRA Standing Ruling
On October 27, 2009 the New York State Court of Appeals made the most important decision regarding standing in SEQRA cases in perhaps the last 18 years. The court ruled in Save the Pine Bush v. Common Council of City of Albany, that standing to challenge the...
Burlington Northern & Santa Fe Railway Co. v. United States: The Supreme Court Clarifies the Requirements for “Arranger” Liability and Allocation of Liability in CERCLA Cases – Part II.
Burlington Northern & Santa Fe Railway Co. v. United States: The Supreme Court Clarifies the Requirements for "Arranger" Liability and Allocation of Liability in CERCLA Cases - Part II.As discussed in our prior posting, the Supreme Court recently clarified the...
The Supreme Court Clarifies the Requirements for “Arranger” Liability and Allocation of Liability in CERCLA Cases – Part I.
Burlington Northern & Santa Fe Railway Co. v. United States: The Supreme Court Clarifies the Requirements for "Arranger" Liability and Allocation of Liability in CERCLA Cases - Part I.The Supreme Court recently clarified the requirements for "arranger" liability...
The Western District of Washington Leaves a PRP without a Remedy, but Upholds the Broader Policy Objectives of CERCLA.
The Western District of Washington also recently followed the holding from the Aviall case. See Port of Tacoma v. Todd Shipyards Corp., 2009 U.S. Dist. LEXIS 5884 (W.D.Wa., January 14, 2009). The Port of Tacoma sued Todd Shipyards in a contribution action under CERCLA...
The Second Circuit Follows the Supreme Court’s Holdings in Atlantic Research and Cooper Industries.
In a recent Second Circuit decision, W.R. Grace & Co. v. Zotos International, No.: 05-cv-2798 (March 4, 2009), the Court followed two recent Supreme Court decisions on the oft-contested issue of when and under what sections of the Comprehensive Environmental...
The Third Department upholds jury award of $6,325,000 in penalties in an oil spill case
On February 10, 2009, the Appellate Division, Third Department, upheld a jury award of $6,325,000 in penalties against three defendants - property owner, gas supplier and station operator - as being not excessive and well within the bounds of the Navigation Law, where...
The Second Department Overturns a Jury Award of Stigma Damages in Oil Spill Case
In a recent oil spill case under the Navigation Law, an intermediate state appeals court, the Appellate Division of the State Supreme Court, Second Department overturned a $225,000 jury award of "stigma" damages (plus $61,600 fees award) to a private homeowner for...
Third Department allows a Soil Vapor Intrusion suit to move forward (Part II)
We continue with our recent discussion of the Aiken v. General Electric Co. case, No. 505023, __N.Y.S.2d__ (3d Dep't Dec. 4, 2008), discussed in a recent post. There is not much precedent for the Aiken case, as SVI issues are relatively new to the environmental law...
