Environmental Law Portal

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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 2 posts by Collin S. Gannon.

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 ›