August 7, 2020 Megan A. Elliott MGKF Litigation Blog In late July 2020, the United States District Court for the Southern District of Ohio granted in part and denied in part defendants’ motion to dismiss in a case involving releases of uranium radiation and other non-radioactive waste onto plaintiffs’ property. See Op. […]
August 7, 2020 Federal U.S. Senators Vote Against Deputy Secretary Of Energy Nominee On August 4, 2020, U.S. Senators Joni Ernst (R-IA) and Chuck Grassley (R-IA) voted against Mark Menezes, who is nominated to become Deputy Secretary of Energy. In a statement, both Senators said that “[g]iven the uncertainty with […]
August 4, 2020Stephen D. DalyMGKF Litigation Blog In MPM Silicones, LLC v. Union Carbide Corporation, the U.S. Court of Appeals for the Second Circuit held that there can be more than one “remedial action” at a site under certain circumstances for the purpose of determining the statute of limitations under CERCLA. […]
Fifth Circuit Remands Baytown Penalty for Standing Inquiry In a surprising move, the Fifth Circuit Court of Appeals in Environmental Texas Citizen Lobby, Inc. v. ExxonMobil Corp. remanded back to the district court a $19.95 million civil penalty against ExxonMobile for 16,386 days of various violations at its Baytown facility in Texas. The Fifth […]
July 29, 2020 Colorado State Engineer Relaxes Position on Requirements for Adjudicating Out-of-Priority Diversions In Colorado, the State Engineer has added flexibility to perfecting junior conditional water rights. Under a Written Instruction issued by the Colorado State Engineer on July 21, 2020, Division of Water Resources officials who participate in […]