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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 5 posts by Casey T. Clausen.

Florida Federal Court Denies Proposed 60-Square-Mile Class Area in Environmental Contamination Action

A Florida federal district court recently denied a petition for class certification by a group of property owners that allegedly suffered health risks and diminished property values due to contamination at Pratt & Whitney’s neighboring aerospace testing and manufacturing plant.  Cotromano v. United Techs. Corp., Civ. No. 13-80928, Opinion Memorandum and Order (S.D. Fla. May 2, 2018).  The district court decision illustrates some of the issues of proof that a putative class encompassing a large geographic area may encounter. Read More ›

NGOs Challenge Department of Interior’s New Interpretation of “Incidental Take” Liability Under Migratory Bird Treaty Act

National environmental groups recently filed a pair of new lawsuits in New York federal district court seeking to expand the scope of liability for “incidental take” under the Migratory Bird Treaty Act (“MBTA”).[1]  The litigation seeks to overturn recent legal and policy guidance issued by the United States Department of the Interior (“DOI”) and Fish and Wildlife Service (“FWS”) which provided greater regulatory certainty by limiting those agencies’ enforcement actions under the MBTA to claims of intentional harm to migratory birds.  If the new lawsuits prevail, many industries may once again face potential criminal liability for day-to-day operations posing a risk of unintentional effects on migratory birds.  The lawsuits are also a reminder that courts remain split on the scope of MBTA liability, that MBTA enforcement policy may shift between administrations, and that other statutes still make avian protection a key component of environmental planning and compliance at many facilities. Read More ›

Montana Supreme Court Undercuts CERCLA, Permits Property Owners to Pursue Restoration Damages Claim

In an opinion tilting against the weight of precedent elsewhere, the Montana Supreme Court held that private landowners could pursue common-law claims to clean-up their properties beyond what EPA required in its selected CERCLA remedy for the Anaconda Smelter Superfund site.  Atl. Richfield Co. v. Mont. Second Judicial Dist., 390 Mont. 76 (Mont. Dec. 29, 2017).   ARCO has filed a Petition for a Writ of Certiorari asking the U.S. Supreme Court to overrule the Montana Supreme Court.  Petition for Writ of Certiorari, Atl. Richfield Co., No. 17-1498 (Apr. 27, 2018).  Read More ›

Second Circuit Affirms Dismissal of Water Contamination Action as Untimely

In a decision addressing the unique accrual issues arising in a groundwater contamination action, the Second Circuit affirmed a decision dismissing the Bethpage Water District’s (the “District”) action as untimely.  Bethpage Water Dist. v. Northrop Grumman Corp., 884 F.3d 118 (2d Cir. 2018). Read More ›

West Coast “Super Tort” PCB Suits Have Staying Power

Increasingly, municipalities and states are pursuing public nuisance theories against product manufacturers and distributors.  Actions filed by West Coast municipalities and states over the past three years against PCB-manufacturer Monsanto have proven to have surprising staying power. Read More ›