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Natural Resource Damages Under CERCLA and OPA
Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for injury to natural resources resulting from releases of hazardous substances or oil. Designated officials are authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), among others, to act as “trustees” on behalf of the public or tribes.
Strengthening Superfund Cleanups With Land Use Institutional Controls
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) established the “Superfund,” which allows the U.S. Environmental Protection Agency (EPA) to clean up contaminated sites. It also forces the parties responsible for contamination to either perform cleanups or reimburse the government for the EPA-led cleanup work. The Superfund program relies on several tools to protect against lasting contamination.
Multnomah, County of v. Exxon Mobil Corp.
A district court adopted a magistrate judge's findings and recommendations to remand to state court a climate liability lawsuit brought by an Oregon county against oil and gas companies. The county initially sued in state court, arguing the companies failed to warn consumers about the negative effec...
New York, City of v. Exxon Mobil Corp.
A district court granted New York City's motion to remand to state court a climate deception lawsuit brought against fossil fuel companies. The city initially sued the companies in state court, arguing they violated the city's consumer protection law by misleading consumers about the impact of their...
G.B. v. United States Environmental Protection Agency
A district court granted EPA's motion to dismiss for lack of redressability a climate liability lawsuit brought by a group of minors in California. The plaintiffs argued EPA violated their constitutional rights by intentionally allowing dangerous levels of pollution to enter the atmosphere from sour...
Texas v. Securities and Exchange Commission
The Fifth Circuit dismissed for lack of standing four states' challenge to the Securities and Exchange Commission's final rule requiring funds to disclose their votes on environmental, social, and governance matters. Texas, Louisiana, Utah, and West Virginia argued they had suffered injury as invest...