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Toxic Substances

Rodriguez v. Secretary of Pennsylvania Department of Environment

The Third Circuit upheld a lower court decision dismissing, on standing grounds, a doctor's claim challenging the constitutionality of a Pennsylvania law that limits a doctor's...

Trumpeter Swan Society v. Environmental Protection Agency

The D.C. Circuit upheld EPA's denial of a petition filed by 101 environmental groups asking the Agency to regulate spent lead bullets and shot under TSCA. EPA rejected the petition as “non-cognizable” under TSCA §21 on the grounds that...

Across Big Sky Flow Testing, LLC v. Workforce Safety & Insurance

The North Dakota Supreme Court upheld an administrative law judge's (ALJ's) award of benefits in the death of an oil-tank worker. According to the medical examiner's report, the worker died from hydrocarbon poisoning due to the...

Myers v. United States

A district court, in a 120-page decision, dismissed claims that the U.S. Navy negligently exposed a child to thallium dust during its cleanup of a contaminated landfill site. The child's family, which lived next to the site, alleged...

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...

National Oilseed Processors Ass'n v. Occupational Safety & Health Administration

The D.C. Circuit denied a petition for review seeking vacatur of an OSHA rule, the Hazard Communication Standard, as it applies to combustible dust. The Hazard Communication Standard requires employers to develop a program for...

In re Oil Spill by the Oil Rig “Deepwater Horizon”

A district court issued its findings of fact and conclusions of law regarding phase one of the Deepwater Horizon oil spill trial, holding various companies liable for the spill. In the 150+-page opinion, the court determined...

Natural Resources Defense Council, Inc. v. United States Food & Drug Administration

The Second Circuit reversed a lower court decision that FDA was required to hold hearings to determine whether to withdraw approval for the use of penicillin and tetracyclines in animal feed. Looking at the text of the Federal Food,...

In re Methyl Tertiary Butyl Ether Products Liability Litigation

A district court denied a motion to dismiss an oil company's lawsuit against a gas station operator and gasoline transporter in which it seeks contribution for groundwater contamination under the New Jersey Joint Tortfeasors...

In re Methyl Tertiary Butyl Ether Products Liability Litigation

A district court held that a natural resource damages (NRD) settlement agreement between New Jersey and an oil company for methyl tertiary butyl ether groundwater contamination bars the state from seeking product liability claims...