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Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

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Showing 6 posts by Zaheer H. Tajani.

District Court Permits Landowner to Pursue Hazardous Material Dumping Case Against the U.S. Navy

Illustrating what constitutes sufficient notice to the government of the value of a claim under the Federal Tort Claims Act (FTCA), a Maryland federal court rejected the Navy’s claim that it had insufficient notice of the value of a claim stemming from environmental contamination. Baker v. United States, No. MJG-17-546 (D.Md Aug. 9, 2017). Instead, the court held that the Navy had sufficient notice of the total value of the landowner’s administrative claims. Read More ›

Ohio Natural Resources Damages Claim Dismissed with Prejudice for Failure to Properly Serve Defendant

Demonstrating the importance of timely service of process in complex environmental cases, a federal court in Ohio dismissed CERCLA natural resource damages claims and related state statutory actions for the state’s failure to serve a complaint on an individual defendant for nearly two years. Ohio, ex rel. DeWine v. Superior Fibers, Inc., No: 2:14-cv-1843 (S.D. OH June 29, 2017). Read More ›

Sixth Circuit Holds Safe Drinking Water Act Does Not Preempt Constitutional Claims

The Sixth Circuit revived previously dismissed claims in the Flint water cases, clarifying where the Safe Drinking Water Act (SDWA) does not preempt § 1983 claims. Boler v. Earley, No. 16-1684 (6th Cir. July 28, 2017). Previously dismissed as preempted under the SDWA, the plaintiffs’ constitutional claims were found to be distinct from statutory rights, which might have been preempted by the SDWA. Read More ›

Kentucky Appeals Court Outlines Limitations on Stigma Damages

Illustrating the limitations on so-called “stigma” damages under Kentucky law, Kentucky appellate court ruled that a claim for stigma damages is not an independent cause of action, and that such damages are not available in addition to the cost to remediate a contaminated property. See Muncie v. Weiseman, 2015-CA-001788-MR (Ky. Ct. App. April 21, 2017).   Read More ›

Texas Supreme Court Upholds $22.7M Award in Gas Production Contamination Case

Holding that the Texas Railroad Commission’s statutory authority to regulate contamination from oil and gas operations does not preclude private suits for damages, the Texas Supreme Court upheld a $22.7 million award in a suit alleging contamination from natural gas production.  Forest Oil Corp. v. El Rucio Land & Cattle Co., 518 S.W.3d 422 (Tex. 2017).  Read More ›

EPA Unveils Scoping Analysis for Risk Evaluations under Amended TSCA, Requests Comments on the First Ten Chemicals

The Environmental Protection Agency (EPA) has issued the three framework rules called for by the amended Toxic Substances Control Act (TSCA) to direct future review of chemical risks.  Without waiting for those rules, however, EPA had previously launched risk evaluations for the initial ten chemical substances.  On June 22, 2017, EPA posted the scope documents (follow the links under “First ten chemicals for Risk Evaluation”) for those substances.  They present a less complete scoping process than what the scope analysis will look like in the future.  For each of the ten chemicals, EPA has opened dockets for public comments.  The next step for these ten chemical substances is problem formulation . Read More ›