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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 4 posts by Collin S. Gannon.

New Mexico Federal Court Allows Tort Claims Against EPA Contractor in Gold King Mine Release

Highlighting limits on pre-trial motions arguing CERCLA preemption of state common law claims, a New Mexico federal court denied a motion to dismiss plaintiffs’ tort claims arising from a 2015 release of impounded water from the Gold King Mine.  See New Mexico v. EPA, Civ. No. 16-0465 MCA/LF, Memorandum Opinion and Order (D.N.M. Feb. 12, 2018).  The court determined that both the State of New Mexico and the Navajo Nation had valid claims for damages under New Mexico tort law in addition to their CERCLA claims for cost recovery and injunctive relief.  Read More ›

“New” GM Avoids Liability for “Old” GM’s Contamination

Highlighting a potential shortcoming in some attempts to transfer environmental liability in bankruptcy proceedings, a federal court in New York found common law liability for environmental contamination was not covered by a release of “Environmental Law” liability.  See In re: Motors Liquidation Company, et al., BANKR No. 09-50026 MG, Memorandum Opinion and Order Enforcing Provisions of Sale Order with respect to the Moore, et al., Plaintiffs, at 8 (Bankr. S.D.N.Y, May 4, 2018). Read More ›

Conflicting District Court Rulings Set up Climate Change Tort Issues for Resolution by the Ninth Circuit

After two judges from the Northern District of California reached different conclusions in similar cases, The Ninth Circuit Court of Appeals will be next to determine whether climate-change-related tort actions may be properly heard in federal court.  As previewed by Beveridge & Diamond in a March 30, 2018 News Alert, the two judges reached contrary decisions concerning the scope of federal jurisdiction over climate-change-related tort actions, thus teeing up the complicated issues of Clean Air Act displacement and federal common law for the Ninth Circuit.  See California v. BP Plc, et al, No. 17-cv-6011 WHA, Memorandum Opinion and Order at *8 (N.D. Cal. 2018) (Alsup, J.); County of San Mateo v. Chevron et al., No. 17-cv-4929 VC, Memorandum Opinion and Order at  2-3 (N.D. Cal. 2018).  Read More ›

Mississippi Federal Court Rejects RCRA Preemption

Illustrating limits on Resource Conservation and Recovery Act (“RCRA”) preemption of state tort claims, a Mississippi federal court concluded that the state’s toxic tort claims were not preempted by federal law.  See Mississippi ex rel. Hood v. Meritor, Inc, No. 17-CV-74 SA/JMV, Memorandum Opinion and Order at 1, 9 (N.D. Miss. Mar. 13, 2018).  Read More ›