Searching Content indexed under Litigation, Mediation & Arbitration by Peter Hsiao ordered by Published Date Descending.
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The "Discovery" Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes Of Repose Are Not Preempted By CERCLA
The Supreme Court ruled in CTS Corp. v. Waldburger et al. that CERCLA does not preempt state statutes of repose.
United States
18 Jun 2014
Supreme Court Rejects States’ Nuisance Claims But Leaves Door Open To Future Climate Change Lawsuits
Today, the U.S. Supreme Court ruled in American Electric Power v. Connecticut that federal common law nuisance claims cannot be used to address harms arising from climate change.
United States
28 Jun 2011
Future of Climate Change Tort Litigation in the Hands of U.S. Supreme Court
On Monday, December 6, 2010, the Supreme Court granted certiorari in American Electric Power v. Connecticut, a case examining whether the electric utility industry may be held accountable in court for its alleged contributions to harms arising from climate change.
United States
16 Dec 2010
Rough Justice: U.S. Supreme Court Liberalizes Use Of Apportionment Instead Of Joint And Several Liability In Superfund Litigation And Clarifies Conditions For Imposing “Arranger” Liability Under CERCLA
In a much anticipated ruling, a nearly unanimous U.S. Supreme Court has determined that the imposition of liability as an “arranger” under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA,” commonly known as the “Superfund” statute) requires evidence of taking “intentional steps” to arrange for the disposal of hazardous substances – a company’s mere knowledge of continuing spills and leaks by the purchaser of its chemicals is insufficient to impose arranger liabi
United States
6 May 2009
Environmental Marketing Claims For Plastic Products Subject To Additional Requirements In California
“Green claims” for plastic products? Not so fast. In response to continuing concerns about false and misleading advertising and marketing claims regarding the environmental benefits of plastic bags and plastic food and beverage products, the California Legislature adopted Assembly Bill 1972 (A.B. 1972) to prohibit the use of certain terms for such products.
United States
10 Feb 2009
REACH: European Union Proposal to Regulate Toxic Chemicals
Toxic chemical law will undergo a major change in 2006 when the European Union is expected to enact legislation known as the Registration, Evaluation, and Authorization of Chemicals (REACH). REACH will replace more than 40 existing directives and regulations. It requires registration of chemicals made in or imported to the EU, assessment of the risks arising from chemical use, and implementation of measures to manage risks.
European Union
14 Jun 2004
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