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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 in Citizen Suits.

DOJ Eliminates Option of Third Party Payments in Settlements

On June 7, 2017, Attorney General Jeff Sessions issued a memorandum prohibiting the U.S. Department of Justice (DOJ) from directing any settlement payments to third-party, non-governmental organizations (NGOs) that were not directly harmed by a defendant’s actions. If strictly implemented, this new policy may impose significant limits on the availability of certain types of relief available in civil and criminal environmental enforcement cases.  The memorandum also raises significant questions about how the U.S. Environmental Protection Agency (EPA) will handle environmental settlements under the Trump Administration, as well as how DOJ will approach settlements resolving citizen suits. Read More ›

Recent PFAS Case Law – RCRA, CERCLA and Toxic Tort Claims

A new class of emerging contaminants poses challenges at remediation sites and for the protection of drinking water, and is generating new toxic tort litigation. Per- and polyfluoroalkyl substances (PFAS) are emerging contaminants that are being identified at several sites in many areas of the country.  The U.S. EPA and many states are beginning to issue guidelines, advisories or in some cases, standards for PFAS in drinking water, soil, or groundwater.  At the same time, several cases are winding their way through the courts.  Below we discuss several recent cases involving PFAS contamination.  In each of these cases, some of the claims have survived a motion to dismiss, suggesting that it will be difficult to quickly dispose of such claims prior to discovery. Read More ›

Supreme People’s Court Issues Judicial Interpretation Addressing Environmental Civil Public Interest Litigation

On January 6, 2015, China’s Supreme People’s Court (SPC) issued a judicial interpretation on environmental civil public interest litigation, effective January 7, 2015. This interpretation comes one week after China’s amended Environmental Protection Law went into effect (see B&D alert from January 9, 2015). Read More ›

Federal Court Allows Citizen Suits to Proceed Based on State’s Failure to "Diligently Prosecute" Enforcement Action

In a decision that looks beyond the mere existence of relevant enforcement actions and turns on the diligence with which they are being prosecuted, the U.S. District Court for the Southern District of West Virginia allowed a citizen suit to proceed despite pending enforcement actions against the defendant companies. See Ohio Valley Envt’l Coal. v. Patriot Coal Co., No. 11-cv-00115 (S.D. W.Va. Dec. 7, 2011), available at www.bdlaw.com/assets/attachments/OhioValley.pdf Read More ›