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 Matthew D. Schneider.

Certification Denied in Glass Manufacturing Pollution Class Action

In a potential sign of increased scrutiny of environmental class actions under recent Supreme Court decisions, a class of property owners and residents near Danville, Kentucky, were denied class certification in a class action suit alleging that a glass manufacturing plant intentionally or negligently released toxic chemicals.  See Modern Holdings, LLC v. Corning, Inc., Civ. No. 13-0405, Memorandum Opinion and Order (E.D. Ky. Mar. 29, 2018).  The plaintiffs claimed personal injuries and property damage from the plant’s alleged illegal dumping of hazardous chemicals in nearby fields, streams, and properties. Read More ›

Groundwater Contamination Claim Survives Motion to Dismiss

A recent decision of the Eastern District of New York in a groundwater contamination action illustrates the fact-sensitive nature of statute of limitations defenses.  In Hicksville Water Dist. v. Philips Elecs. N. Am. Corp., 2018 WL 1542670 (E.D.N.Y. Mar. 29, 2018), the court denied a motion to dismiss state tort law claims as time-barred because it could not conclude from the complaint and judicially noticed documents that the plaintiffs knew, outside the limitations window, that the alleged groundwater contamination was “significant enough to justify an immediate or specific remediation effort.” Read More ›