Jump to Navigation
Jump to Content

Tort Law

Teel v. Chesapeake Appalachia, LLC

A district court dismissed a landowner's trespass claim against an energy company for waste stemming from natural gas drilling operations on the property. The company owns the mineral rights underlying the land. As part of its drilling...

Katrina Canal Breaches Litigation

The Fifth Circuit withdrew its prior ruling and held that the discretionary function exception to the Federal Tort Claims Act (FTCA) shields the U.S. Army Corps of Engineers from liability for flood damage stemming from Hurricane...

Setting the Bar for “Injury” in Environmental Exposure Cases: How Low Can It Go?

On May 16, 2012, ELI convened a panel of experts to provide an overview and analysis of the tension between regulatory and common-law standards for injury in the context of toxic tort litigation. The speakers discussed and debated...

In re Tennessee Valley Authority Ash Spill Litigation

A district court held that the Tennessee Valley Authority (TVA) is liable for damages to property owners and residents following a containment dike failure at its Kingston Fossil plant that spilled more than 5 million cubic yards of...

Berish v. Southwester Energy Production Co.

A district court held that residents may add four new defendants in their lawsuit against energy companies for alleged water contamination due to hydraulic fracturing operations near their homes. During the course of discovery, the...

S.R.P. v. United States

The Third Circuit upheld the dismissal of a mother's Federal Tort Claims Act (FTCA) suit against the government after her child was bitten by a barracuda while playing near the shore of Buck Island Reef National Monument in St. Croix...

Sánchez v. United States

The First Circuit upheld the dismissal of residents' Federal Tort Claims Act (FTCA) against the United States in connection with the Navy's alleged negligence in emitting certain pollutants during military exercises at a naval...

Exxon Mobil Corp. v. Ford

A Maryland appellate court held that under certain circumstances, Maryland law permits recovery for emotional distress related to reasonable fear of cancer. The case involved a jury verdict awarding compensatory damages totaling over...

Shoshone Indian Tribe of the Wind River Reservation, Wyoming v. United States

The Federal Circuit vacated and remanded a lower court decision dismissing Native American tribes' claim that the government unlawfully converted oil and gas leases on a reservation from one type of lease to another. The lower court...

How Lawsuits Could Ignite an Energy Market: The Case of Anaerobic Digestion

This Article demonstrates that it is possible for lawsuits to ignite a market for an innovative energy technology that otherwise would be too costly to implement. For example,
early adopters of a technology might be able to create...