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Evidence, rules of

Murray Energy Corp. v. United States Department of Defense

The Sixth Circuit, in litigation over the "waters of the United States" (WOTUS) rule, held that an internal U.S. Army Corps of Engineers memorandum critical of the rule's technical analysis may be included in the record. Petitioners...

Oil Spill by the Oil Rig "Deepwater Horizon"

A district court denied an oil company's motion to amend the findings, alter the judgment, or order a new trial in the Deepwater Horizon case in which the court found the company grossly negligent in the 2010 Gulf of Mexico oil...

Republic of Ecuador v. Mackay

The Ninth Circuit affirmed two lower court decisions ordering an oil company to produce expert witness documents for use in a foreign proceeding concerning an environmental contamination dispute in Ecuador. The court rejected the...

United States v. Alabama Power Co.

The Eleventh Circuit reversed a lower court decision excluding the testimony of two expert witnesses in the government's case against a power company for making major modifications at three of its coal-fired power plants without...

Mishawaka, City of v. Uniroyal Holding, Inc.

A district court held that the corporate successor to various legal entities at a former industrial site is not liable for various environmental cleanup expenses at the site. The city that filed suit against the successor failed to...

Miller v. Mandrin Homes, Ltd.

The Fourth Circuit held that the lower court properly dismissed homeowners' Comprehensive Environmental Response, Compensation, and Liability Act and state law claims against the former property owner. The homeowners alleged that the...

In re Methyl Tertiary Butyl Ether Prods. Liab. Litig.

A district court granted a motion in limine to exclude a real estate expert's testimony on the value of certain property alleged to have been contaminated with methyl tertiary butyl ether (MTBE), a gasoline additive. The expert was...

Olindo Enters., Inc. v. Rochester, City of

A district court denied a motion to dismiss claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and New York law for lack of evidence demonstrating defendant contributed waste to the site in...

Pinal Creek Group v. Newmont Mining Corp.

A district court granted in part and denied in part a company's motion in limine to exclude an environmental group's proffered expert testimony in a Comprehensive Environmental Response, Compensation, and Liability Act case. At issue in...

Clausen v. M/V New Carissa

The court upholds a trial court's decision to admit expert testimony on the issue of causation in a case involving the destruction of oyster beds that allegedly resulted from an oil spill off the Oregon coast. The testimony presented by...

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