Articles

Fracking's Alleged Links to Water Contamination and Earthquakes

By Barclay Nicholson, Kadian Blanson, and Andrea Fair

The jury is still out on the environmental effects of hydraulic fracturing.

Managing a High-Volume Practice: Tips for Young Attorneys

By Melisa A. San Martin

By implementing basic but essential strategies into your everyday practice, you can effectively and efficiently progressed toward managing a high-volume caseload.

Emerging Risks in the Design and Construction of Green Buildings

By Christopher Nutter

The widespread adoption of green standards creates risks for almost any new building.

Arranger Liability under CERCLA after Burlington Northern

By Andrew J. Scholz and Matthew D. Cabral

Few arranger-liability cases are summarily decided, even though the plaintiff must prove that the defendant intended to dispose of hazardous materials at a Superfund site.

The Long, Winding Journey of Boiler MACT and CISWI Rules

By Karen Aldridge Crawford and Stacy Kirk Taylor

The development of these regulations has much in common with cross-country vacations in the family station wagon.

A Litigator's Guide to Working with E-Discovery Consultants

By Matthew Prewitt

Several years after the FRCP amendments, the words “electronic discovery” still inspire both fear and loathing for many in-house counsel.

ERAs and NRDAs: When Policy Masquerades as Science

By Daniel W. Smith, Ph.D., and Steven M. Jones, Ph.D.

Scientists and lawyers do not always see eye to eye about what constitutes good science.

Mentoring: The Rules of Engagement

By Patricia K. Gillette and Katherine M. Larkin-Wong

The authors, who were matched in a mentoring program, offer their "rules of engagement" for forming a successful mentoring relationship.

U.S. Supreme Court Relieves Power Companies in Unanimous Opinion

By Brian R. Smith, Sorell E. Negro, and Evan J. Seeman

The journals of Lewis and Clark helped support a Montana power company's contention that the Great Falls reach is not navigable.

Social-Welfare Implications of Liability Rules in Major Damages Cases

By Dr. Debra J. Aron and Dr. Francis X. Pampush

Economic insights and social-welfare implications can guide where we draw the boundaries for liability in major environmental damages cases.

For Young Lawyers: "Preservation" in the Constant Litigation Environment

By Meaghan G. Boyd

In essence, the duty to preserve evidence turns on case-specific, fact-intensive inquiries of "when" and "what."

Mediating Environmental Property Matters

By Doug Simpson

Environmental matters often are exceedingly complex scientifically or technically—challenging parties, attorneys, and mediators.

Justice Scalia Uses "Foreign Sources" to Support Judicial Takings

By Joseph Z. Fleming

The plurality opinion in Stop the Beach Renourishment references woodchucks, the Queen of Hearts, and Orwell.

State "Preemption" Arguments Asserted in Ongoing Fracking Debate

By Andrew Scholz

Communities are concerned about fracking's possible effects on air quality and to drinking water.

Overview of Litigation Challenging EPA's Greenhouse Gas Regulations

By Jeremy C. Marwell

The author provides an in-depth review of the ongoing trial and appellate litigation challenging the EPA's widening regulatory authority over greenhouse gas emitters.

Federal Courts Can’t Regulate Greenhouse Gases under Common Law

By Katerina Milenkovski

The Clean Air Act has displaced federal common law by delegating regulatory authority to the EPA.

Proper Recovery of "Compelled" Costs of Response under CERCLA

By M. Camila Tobon

The question of "compelled" costs that are neither incurred voluntarily nor incurred by reimbursing another party was left open by the Supreme Court. It has now been answered.

Value Assurance Programs: A Case Study in the Model City

By Christina M. McLean and Jerry M. Dent II

Absent health claims, property owners are primarily concerned with protecting the value of their home. A VAP is a direct means to address fears of property-value diminution.

The Bermuda Form, Environmental Pollution, and Property-Damage Claims

By Julian Miller, Stephen Turner, and Jeffrey M. Pollock

The Bermuda Form may be important in certain environmental cases where insurance coverage is in play.

Insurers' Duty to Settle in the Context of a Continuous-Trigger Case

By Kenneth Anspach

What is the scope of the insurers’ duty to settle in a case involving a continuous trigger of coverage? Is it pro rata, as the carriers would argue, or is it joint and several, which the insureds would assert?

Climate-Change Tort Thrown Out of Court

By Christina M. Landgraf and Joel T. Bowers

The Supreme Court decided that federal common-law public-nuisance claims could not be maintained against carbon-dioxide and GHG-emitting entities.

The Intersection of Eminent Domain and Environmental Contamination

By Orell Anderson, Jerry English, Keith Mccullough, John Schepisi, and Stephen Valdez

One of the most problematic issues in the area of eminent domain has to do with environmental contamination, either real or perceived, found during expropriation.

EPA Stays New Boiler MACT Standards

By By Karen Aldridge Crawford and Stacy Kirk Taylor

The EPA announced that it was staying indefinitely the effective dates for the new emission standards for boilers (MACT standards) that the EPA issued in February of this year.

The Historian’s Valuable Role in Environmental Litigation

By Michael C. Reis and W. David Wiseman Jr.

Retaining a professional historian as an expert witness can be useful in avoiding the limited perspective and fading memories of eyewitnesses and the perception of bias.

The Importance of Pro Bono Work in Professional Development

By Brian J. Murray

During this poor economy, pro bono work provides an excellent means to develop one’s craft.

The Effects of the Deepwater Horizon Final Report

By Jonathan K. Waldron

The article highlights the major recommendations of the National Commission's report and potential impacts on future legislation and the oil and gas industry.

Idaho District Court Holds Government Liable as an Arranger

By Jacy T. Rock

It is another in a long line of post-Burlington Northern cases interpreting the scope of arranger liability and may have important implications for cleanup on federal lands.

RCRA Hazardous Waste Regulations—A Cautionary Tale

By Charles M. Denton and Barbara A. Magel

Two recent decisions have reminded all counsel working with the RCRA of the limitations and risks inherent in proceeding pursuant to informal agency interpretations.

What Deepwater Horizon Gulf Coast Claims Facility Means for You

By Jonathan K. Waldron, Jeanne M. Grasso, and Joan M. Bondareff

Any party suffering damages or seeking reimbursement for removal costs as a result of the Deepwater Horizon casualty should consider submitting a claim for an EAP.

U.K. Solvent Schemes Can Significantly Impact U.S. Policyholders

By Patrick McGrath and Christopher McClure

Solvent schemes in the United Kingdom can impact U.S. policyholders by establishing deadlines by which claims for historic CGL coverage must be made.

Seeing Underground: Visualizing Key Issues in Contamination Cases

By Steven Rushefsky

One of the biggest challenges in environmental cases is supporting expert witnesses as they testify about their findings and test results to the judge and jury.

CERCLA Collateral-Source Ruling Stands No Double Recovery

The Supreme Court denied plaintiff Robert Friedland’s petition for certiorari in Friedland v. TIC-The Industrial Co., U.S., No. 09-551, certiorari petition denied Jan. 11, 2010.

Removing a Case to Federal Court: Are You Ready?

By Jacy T. Rock

One of the first tasks a new lawyer often encounters is removing a case from state court to federal court. While removal can be a simple, routine matter, it can also be nerve-wracking.