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SCOTUS Holds Common Law Claims Seeking Restoration Require EPA’s Approval if CERCLA Remediation is Ongoing

By Seyfarth Shaw LLP on April 20, 2020

Posted in CERCLA, Environmental Litigation

By Andrew H. Perellis, Jeryl L. Olson, and Patrick D. Joyce

Seyfarth Synopsis: Consider this hypothetical. Acme Company’s historic operations has contaminated its property and those of its adjacent neighbors. Acme is undertaking a CERCLA remedy under the oversight of U.S. EPA which the neighbors find inadequate, so the neighbors join together and sue in state court …
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Third Circuit Holds That Clean Air Act Does Not Preempt State Tort Claims

By Craig Simonsen on August 21, 2013

Posted in CAA, Environmental Litigation, Toxic Tort Litigation

By Andrew H. Perellis and Craig B. Simonsen

The Third Circuit Court of Appeals yesterday resuscitated a proposed class action alleging the release of toxic emissions from a coal-fired power plant, finding that the Clean Air Act does not preempt certain state law claims brought by property owners. Bell, et al., v. Cheswick Generating Station, No. 12-4216 (3rd Cir.
Continue Reading Third Circuit Holds That Clean Air Act Does Not Preempt State Tort Claims