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Just How Absolute is the Absolute Pollution Exclusion?

Posted on June 16, 2021 by Thomas M. Hnasko Despite the myriad CERCLA cases on the books, there is.... Read More

The Aftermath of McGirt

Posted on June 4, 2021 by L. Mark Walker In 1997, Jimey McGirt, an enrolled member of the Seminole.... Read More

Smoke Plumes, Pigs & Poultry – Do Right-to-Farm Laws Checkmate Tort Class Actions?

According to some critics, recent amendments to Florida’s Right-to-Farm law are intended to defeat class action litigation brought against.... Read More

A FLORID (AND POSSIBLY SIGNIFICANT?) ACE DISSENT

Posted on January 26, 2021 by Dick Stoll On January 19, 2021, the D.C. Circuit issued its long-awaited decision on the.... Read More

Battling Over Battlegrounds: Climate Torts Return to the Supreme Court

Posted on January 22, 2021 by Tracy Hester The brawl over climate tort liability has returned, again, to the U.S. Supreme.... Read More

“Keep Makin’ Bacon” Indiana’s Right to Farm Act Statute Upheld As Constitutional

Posted on January 11, 2021 by Chris Braun Indiana, like every other State, has adopted a Right to Farm Act to.... Read More

Paying More than Your CERCLA Fair Share

Posted on January 8, 2021 by David G. Mandelbaum The rhetoric of enforcement under the Comprehensive Environmental Response, Compensation and Liability.... Read More

BLM Rescission of the Methane Waste Prevention Rule Has Been Vacated; Two Thoughts About the Implications

Posted on August 12, 2020 by Seth Jaffe Last month, Judge Yvonne Gonzalez Rogers vacated BLM’s rescission of the 2016 methane “Waste Prevention.... Read More

Woe Is WOTUS, Redux

Posted on June 30, 2020 by Seth Jaffe Sometimes, history repeats itself.  Sometimes, that is not a good thing. After the.... Read More

Has President Trump Just Limited Enforcement To Willful Violations?

Posted on May 22, 2020 by Seth Jaffe On Tuesday, President Trump issued an Executive Order on Regulatory Relief to Support Economic Recovery. .... Read More