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Two Strikes Against Common Law Approaches to Climate Change: The Atmosphere Is Not A Public Trust

Posted on June 7, 2012 by Seth Jaffe Last week, the District Court for the District of Columbia dismissed the so-called “public trust”.... Read More

LIFE JUST KEEPS GETTING TOUGHER FOR CERCLA CONTRIBUTION SEEKERS

Posted on May 1, 2012 by William Session One of the more recent and interesting decisions in the world of CERCLA.... Read More

The Sackett Effect

Posted on April 6, 2012 by Paul Seals On Friday, March 30, the United States Environmental Protection Agency (“EPA”) announced that.... Read More

Alec L. and the Tortious Development of Climate Change Litigation

Posted on January 3, 2012 by David Buente For some advocates of greenhouse gas regulation, tort law has become the primary.... Read More

SIXTH CIRCUIT RULES THAT TWOMBLY AND IQBAL MUST BE STRICTLY APPLIED

Posted on July 13, 2011 by Jack Shumate On June 21, the U.S. Court of Appeals for the Sixth Circuit held,.... Read More

Iqbal and Twombly Revisited

Posted on June 3, 2011 by John Barkett By: Bob Wyman and Aron Potash, Latham & Watkins LLP A San Francisco.... Read More

Conflict Resolution: Lessons from Environmental Lawyers

Posted on May 5, 2011 by Charles Tisdale People often ask me why I became an environmental lawyer in 1973 and.... Read More

Muddling Through: Clean Water Act Edition

Posted on March 1, 2011 by Seth Jaffe Previously, I discussed EPA’s efforts to “muddle through” on climate change in the absence of.... Read More

I DON’T WANT TO SCARE YOU . . . BUT BE WARNED

Posted on February 7, 2011 by Stephen E. Herrmann The ProblemIn the world of environmental claims, there are numerous ways that.... Read More

Iqbal and Twombly Result in Dismissal of Pennsylvania DEP Lawsuit

Posted on November 22, 2010 by John Barkett Recent Supreme Court opinions interpreting Rule 12(b)(6) have been applied in an environmental context. A state.... Read More