Articles Archive

Sixth Circuit Holds Government Was Not An “Operator” of Refineries Under CERCLA
MGKF Litigation Blog
June 29, 2023
Five Key Takeaways From the EPA’s Proposal to Limit PFAS in Drinking Water
The Legal Intelligencer
May 30, 2023
U.S. Supreme Court Narrows the Scope of the Clean Water Act by Limiting EPA’s Jurisdiction over Wetlands
MGKF Litigation Blog
May 30, 2023
Pennsylvania Commonwealth Holds Lead Paint Is Not a Public Nuisance
MGKF Litigation Blog
May 16, 2023
Court Finds Federal Government Not Immune from Liability for Interest Payment Under CERCLA
MGKF Litigation Blog
May 11, 2023
Court Finds Navajo Nation’s NRD Recovery Under CERCLA May Be Limited, But Not Its State Law Recovery
MGKF Litigation Blog
April 28, 2023
Courts Find Standing Key Barrier to Pre-Enforcement Review of Federal Actions
MGKF Litigation Blog
April 10, 2023
On Remand, Court Doubts Government Acted with Discretion in Stalled Alaska Cleanup
MGKF Litigation Blog
March 30, 2023
EPA to Regulate Hazardous Air Pollutants From Power Plants Under Michigan Factors
MGKF Litigation Blog
March 28, 2023
Developments in Greenwashing and ESG Regulation and Litigation Expected in 2023
The Legal Intelligencer
March 8, 2023
EPA Can Reconsider Rulemaking without Vacatur in Clean Air Act Citizen Suit, Sixth Circuit Holds
MGKF Litigation Blog
February 23, 2023
In Rejecting J&J Bankruptcy Petition, Court Reminds that Financial Distress is a Prerequisite to Bankruptcy
MGKF Litigation Blog
February 16, 2023
Third Circuit Confirms 27-Year-Old Clean Water Act Consent Decree Still Enforceable
MGKF Litigation Blog
January 30, 2023
Pennsylvania Commonwealth Court Finds Local Stormwater Charge Constitutes A Tax
MGKF Litigation Blog
January 5, 2023
Nuns’ Religious Freedom Lawsuit Against Pipeline Held To Be Impermissible Collateral Attack On FERC Approval
MGKF Litigation Blog
December 14, 2022
Court Grants Contractor’s Partial Summary Judgement Motion in King Gold Mine Case
MGKF Litigation Blog
December 9, 2022
Not All Objects Labeled as “100% Recyclable” Must be Recycled, Court Finds
MGKF Litigation Blog
November 23, 2022
Will the EPA Be Able to Tackle 'Big' Problems Following 'West Virginia' Decision?
The Legal Intelligencer
November 14, 2022
Court Holds Arranger Liability for Drum Reconditioning is Too Fact Intensive for Summary Judgment
MGKF Litigation Blog
November 2, 2022
Northern District of Illinois Addresses “Greenwashing” Claims in Recent Case
MGKF Litigation Blog
October 24, 2022
District Courts Act on Motions for Good Faith Settlement Determinations With Varying Outcomes
MGKF Litigation Blog
October 4, 2022
Federal Court Dismisses all but CERCLA Cost Recovery Claim in Challenge to McClellan Air Force Base Clean-Up
MGKF Litigation Blog
September 29, 2022
Colorado District Magistrate Judge Holds That PRPs to a Contribution Claim Do Not Themselves Have a Contribution Claim Under CERCLA
MGKF Litigation Blog
September 26, 2022
District Court Holds Abatable Soil Contamination Remains a Continuous Nuisance in Statute of Limitations Dispute
MGKF Litigation Blog
September 22, 2022
The Uphill Battle to Regulating Greenhouse Gas Emissions
The Legal Intelligencer
September 15, 2022
Third Circuit Affirms Dismissal of Clean Water Act Citizen Suit On Inadequate Notice
MGKF Litigation Blog
September 1, 2022
Eighth Circuit Holds Neighboring Property Owners Lacked Constitutional Standing to Challenge Amended Consent Decree in Chemical Plant Remediation
MGKF Litigation Blog
August 22, 2022
Delaware Superior Court Dismisses State's Common Law Claims For PCB Contamination
MGKF Litigation Blog
August 2, 2022
NPL Listing Upheld for Groundwater Plume with No Identified Source
MGKF Litigation Blog
July 20, 2022
Fifth Circuit Confirms Right to Jury Trial Under the Oil Pollution Act
MGKF Litigation Blog
July 6, 2022
US Supreme Court Limits EPA’s Authority to Establish Emission Guidelines for the Power Sector
MGKF Litigation Blog
July 1, 2022
Federal Court Dismisses State Common Law Claims as Preempted By CERCLA Consent Decree
MGKF Litigation Blog
May 27, 2022
Pandemic Highlights Increased Pesticide Regulation Enforcement from Agencies
The Legal Intelligencer
May 27, 2022
First Circuit Overrules Precedent By Holding That Administrative Enforcement Does Not Bar CWA Citizens Suit
MGKF Litigation Blog
May 9, 2022
New Jersey Judge Certifies Class in PFOA Claims Against Water Utility Company
MGKF Litigation Blog
May 2, 2022
Sixth Circuit Finds Declaratory Relief Judgment Sufficient to Trigger 113(f)(1) Claim
MGKF Litigation Blog
April 29, 2022
Supreme Court of New Jersey Holds that Permittee Should Be Named as a Party to Appeal Affecting Project
MGKF Litigation Blog
April 19, 2022
Court Rules Arranger Must Know or Should Have Known of Hazardous Properties for Liability to Attach
MGKF Litigation Blog
April 5, 2022
Nexus Between Prior Owner of Contaminated Property and Discharge Required for Liability Under New Jersey Spill Act
MGKF Litigation Blog
March 7, 2022
Pennsylvania Federal Court Denies Class Certification in Incinerator Odor Lawsuit
MGKF Litigation Blog
February 28, 2022
Corporate Compliance in the Age of Environmental Justice
The Legal Intelligencer
February 24, 2022
Eleventh Circuit Holds that the Oil Pollution Act Shields Federal Government From Liability
MGKF Litigation Blog
February 17, 2022
Fourth Circuit Affirms Remand of WV State Tort Claims Involving RCRA Site
MGKF Litigation Blog
January 24, 2022
S.D.N.Y. Court Dismisses PFAS Related Claims Due to Lack of Personal Jurisdiction and Plaintiff’s Failure to State a Claim
MGKF Litigation Blog
January 18, 2022
New Jersey Court Holds Property Buyer’s Consent to Institutional Controls is Binding on Subsequent Buyer
MGKF Litigation Blog
December 15, 2021
District Court Addresses Definition of Disposal and Compliance with NCP in Ruling on CERCLA Summary Judgment Motions
MGKF Litigation Blog
December 10, 2021
First Circuit Distinguishes “Release” from “Disposal” in Affirming CERCLA Liability of Facility Owner
MGKF Litigation Blog
November 24, 2021
Status of EPA's Compliance With Biden's Executive Orders on the Environment
The Legal Intelligencer
November 9, 2021
New York Appellate Court Dismisses Claims Against Odorous Landfill Due To Narrow Scope Of State Law
MGKF Litigation Blog
November 3, 2021
Maryland District Court Holds That Acts Prior To Bankruptcy Discharged Defendant’s CERCLA Liability
MGFK Litigation Blog
October 20, 2021
Sixth Circuit Holds that GE’s Sale of Railcars and Transformers to Railroad Does Not Give Rise to CERCLA Operator or Arranger Liability
MGKF Litigation Blog
September 30, 2021
Recent Developments of Environmental Justice Initiatives at the Federal, State Level
The Legal Intelligencer
September 14, 2021
Seventh Circuit Vacates Trial Court’s Decision to Apportion Liability from Commingled Groundwater Plume
MGKF Litigation Blog
September 10, 2021
United States is not Released From $65 Million WWII-Era Avgas Liability
MGKF Litigation Blog
August 26, 2021
Second Circuit Holds CERCLA Claims Were Prudentially Ripe Despite Ongoing PRP Investigation by EPA
MGKF Litigation Blog
August 24, 2021
Res Judicata No Bar to Second Suit for Remediation Costs Incurred After Filing of First Complaint
MGKF Litigation Blog
August 16, 2021
MDL Court Holds Allegations Against Foreign Parent Entity Sufficient for Personal Jurisdiction but Insufficient for Liability
MGKF Litigation Blog
August 10, 2021
Ninth Circuit Holds Sovereign Immunity Protects Tribe From Suit Under the Clean Water Act
MGKF Litigation Blog
July 12, 2021
Third Circuit Holds that Air Emission Exceedances Governed by a Permit Are Not Subject to a Duplicative CERCLA Reporting Requirement
MGKF Litigation Blog
July 7, 2021
US Supreme Court Holds Pipeline Companies May Exercise Federal Eminent Domain to Acquire State Land Under Natural Gas Act
MGKF Litigation Blog
July 1, 2021
Supreme Court Restores EPA’s Extension of Certain Renewable Fuel Program Exemptions
MGKF Litigation Blog
June 29, 2021
Commonwealth Court of PA Holds that Natural Gas Act Does Not Divest the Environmental Hearing Board of Jurisdiction Over Appeals of Agency Actions
MGKF Litigation Blog
June 25, 2021
Colorado Supreme Court Denies County Immunity from State Environmental Enforcement Action
MGKF Litigation Blog
June 17, 2021
The Next Wave of PFAS Defendants: Smaller Industrial Users
The Legal Intelligencer
June 3, 2021
US Supreme Court Broadens Scope of Review in Climate Change Appeal, With Possible Profound Effects for Ongoing Environmental Litigation
MGKF Litigation Blog
May 28, 2021
Supreme Court Tries to Set a Bright Dividing Line on CERCLA Claims, but has it?
MGKF Litigation Blog
May 25, 2021
Virtual Hearings and Trials - A Look Back One Year Later
written for the 2021 ABA Litigation Section Virtual Annual Conference
May 7, 2021
Dismissal of New York City’s Climate Change Suit Affirmed by Second Circuit on Preemption Grounds
MGKF Litigation Blog
April 30, 2021
Sustainability Reporting - Today's Top Three Trends
The Legal Intelligencer
April 20, 2021
Seventh Circuit Interprets "Claim" to Rule that Buyer Must Indemnify Seller for Superfund Liability
MGKF Litigation Blog
April 15, 2021
Environmental Forecast: A Look Ahead at a Busy Biden White House, a Packed Agenda at DEP, and What it Means for Pennsylvania Business and Industry
Catalyst - a publication of the PA Chamber of Business and Industry
March 29, 2021
SCOTUS Further Defines Deliberative Process Documents Exempt From FOIA
MGKF Litigation Blog
March 15, 2021
Weighing Two Circuit Splits, Ohio District Court Allows Declaratory Judgment and Contribution Claims to Proceed
MGKF Litigation Blog
March 12, 2021
Challenge to Superfund Settlement Rejected by First Circuit, Highlighting CERCLA Risks to Non-Settling PRPs
MGKF Litigation Blog
February 28, 2021
D.C. Circuit Stays Mandate to Consider Clean Power Plan Afresh, Effectively Ending the CPP
MGKF Litigation Blog
February 25, 2021
Changes on Tap for Stream and Wetlands Permitting
The Legal Intelligencer
February 23, 2021
Pennsylvania Court Holds that Clean Water Act and Clean Streams Law are not Comparable, Permitting Citizens Suit to Proceed
MGKF Litigation Blog
February 23, 2021
New “Habitat” Rule for the Endangered Species Act Finalized
MGKF Litigation Blog
January 29, 2021
D.C. Circuit Vacates and Remands Trump Administration’s Affordable Clean Energy Rule
MGKF Litigation Blog
January 27, 2021
Federal Court Tells WWII Waste Generators, “You'd Better Not Pout,” Awards Government $50 Million in Cleanup Costs
MGKF Litigation Blog
December 23, 2020
Court Upholds Private NGO Settlement Agreement that Supplements Federal Consent Decree
MGKF Litigation Blog
December 8, 2020
First Circuit Upholds Remand of Climate Change Suit To State Court
MGKF Litigation Blog
November 26, 2020
Southern District of Texas Finds US Liable to Exxon for $20.3 Million
The Legal Intelligencer
November 13, 2020
Alaska Enviro Suit Shows Gov't Is A Tough Tort Defendant
Law360
November 5, 2020
PA Court Rejects Environmental Rights Amendment Challenge to Appropriation of Oil and Gas Lease Funds for DCNR’s General Operations
MGKF Litigation Blog
November 2, 2020
Southern District of Texas’s Opinion Offers a Look Behind the CERCLA Allocation Curtain
MGKF Litigation Blog
October 26, 2020
United States Found Not Liable As Operator Under CERCLA For Shutdown Order
MGKF Litigation Blog
October 22, 2020
EPA Final Rules Amend Greenhouse Gas Emissions Standards for Oil and Gas Industry
The Legal Intelligencer
September 28, 2020
Future Response Costs Held In Trust May Not Be Recoverable in CERCLA Contribution Action
MGKF Litigation Blog
September 23, 2020
Failure to Define "Matters Addressed" in CERCLA Settlement Leaves Party Exposed To Contribution Claim
MGKF Litigation Blog
September 16, 2020
Ninth Circuit Holds That “Discretionary Function” Defense Does Not Bar Claims Against the United States
MGKF Litigation Blog
September 14, 2020
Eleventh Circuit Finds CERCLA’s Discovery Tolling Provision Does Not Apply to Personal Injury Claims Subject to the Price-Anderson Act
MGKF Litigation Blog
September 3, 2020
Ninth Circuit Reverses Lower Court Decision Regarding Statute of Limitations Triggering Event for Superfund Contribution Claim
MGKF Litigation Blog
August 18, 2020
D.C. Circuit Holds that EPA Does Not Need to Consider Mitigation in NPL Decision
MGKF Litigation Blog
August 10, 2020
Ohio District Court Addresses CERCLA Limitations Periods in Dismissing Claim
MGKF Litigation Blog
August 7, 2020
Second Circuit Clarifies That There Can Be More Than One Remedial Action Under CERCLA For Statute of Limitations Purposes
MGKF Litigation Blog
August 4, 2020
Permit Me to Explain Superfund Restricts State and Local Permitting Requirements
2020 Natural Resources & Environment by the American Bar Association
July 28, 2020
New York Court of Appeals Reinstates Finding That A Certificate of Public Convenience and Necessity Provides an Exemption from Public Review
MGKF Litigation Blog
July 27, 2020
Third Circuit Revives Class Action Odor Lawsuit Against Pennsylvania Landfill
MGKF Litigation Blog
July 20, 2020
Trial Court Finds Broad Assumption of Liabilities in Corporate Minutes Sufficient to Confer Personal Jurisdiction and Impose Liability
MGKF Litigation Blog
July 14, 2020
PA Court Affirms That De Facto Takings Must be Shown to Have Been Result of Deliberate and Purposeful Action
MGKF Litigation Blog
July 6, 2020
Reversing the Fourth Circuit, US Supreme Court Finds Forest Service Can Lease Land Under Park Service Trails
MGKF Litigation Blog
June 16, 2020
Air Chapter of the 9th Edition of the New Jersey Environmental Law Handbook
New Jersey Environmental Law Handbook (Ninth Edition)
June 5, 2020
The New Clean Water Act 'Functional Equivalent' for Indirect Discharge Permitting
The Legal Intelligencer
June 4, 2020
N.J. Appellate Division Applies "More Liberal" Certification Standards To Property Owner Class
MGKF Litigation Blog
June 1, 2020
Two Courts Require Symptomatic Condition for Tort Claims and Place Limitations on Availability of Medical Monitoring Damages
MGKF Litigation Blog
May 22, 2020
Third Circuit Finds U.S. Government Not Liable as an Operator under CERCLA for Former Chromite Defense Site
MGKF Litigation Blog
May 11, 2020
Supreme Court Establishes "Functional Equivalent” Standard for Permitting Discharges to Groundwater Under the Clean Water Act
MGKF Litigation Blog
April 23, 2020
U.S. Supreme Court Holds State Courts Can Hear Challenges To EPA-Approved Clean-Ups
MGKF Litigation Blog
April 22, 2020
Federal Circuit Dismisses Takings Claim Relating to Environmental Contamination for Being Out of Time
MGKF Litigation Blog
April 21, 2020
Court Finds Harm from Commingled Groundwater Plume Divisible Under Section 107(a) of CERCLA
MGKF Litigation Blog
April 17, 2020
NJ Appellate Court Affirms Dismissal of State’s Trespass Claim in NRD Lawsuit
MGKF Litigation Blog
April 15, 2020
Court Holds Environmental Penalties Are Dischargeable In Bankruptcy
MGKF Litigation Blog
April 1, 2020
California District Court Finds Temporary Diminution in Property Value Sufficient to Withstand Summary Judgment on Common Law Claims
MGKF Litigation Blog
March 26, 2020
D.C. Circuit Follows Trend on Non-CERCLA Settlements Leaving Guam Footing $160M CERCLA Bill
MGKF Litigation Blog
March 3, 2020
Will PFAS Litigation Revive Class Treatment for Medical Monitoring Claims?
The Legal Intelligencer
February 28, 2020
Pennsylvania Commonwealth Court Dismisses Environmental Rights Amendment Challenge
MGKF Litigation Blog
February 24, 2020
Third Circuit Holds That “Stigma Damages” for Pipeline Projects Must be Supported by Objective, Reliable Evidence
MGKF Litigation Blog
February 14, 2020
Magistrate Recommends Common Law Claims Against Air Force Barred by Sovereign Immunity
MGKF Litigation Blog
February 3, 2020
Rule of Capture Applies to Hydraulic Fracturing in PA, but Door is Still Open to Trespass and Conversion Claims
MGKF Litigation Blog
January 27, 2020
EDPA Dismisses Medical Monitoring Claims for PFOS/PFOA
MGKF Litigation Blog
January 21, 2020
The EPA's Most Significant Actions of 2019
Law360
January 13, 2020
Ninth Circuit Affirms Lower Court Decision to Apply Constructive Submission Doctrine and Compel EPA to Issue a Temperature TMDL for Rivers in Washington and Oregon
MGKF Litigation Blog
January 9, 2020
Federal Claims Court Finds U.S. Government Liable to Private Property Owners for Tropical Storm Harvey Flooding
MGKF Litigation Blog
December 30, 2019
Reluctant to Unbuild, Courts Rule Against Challengers of Already-Completed Energy Projects
MGKF Litigation Blog
December 23, 2019
Third Circuit Holds Contribution Action Accrues on Entry of Consent Order but Doesn’t Decide Which Limitations Period Applies
MGKF Litigation Blog
November 26, 2019
New Pa. DEP Fill Material Increases Project Complexity
Law360
November 25, 2019
NJ Superior Court Upholds Municipal Courts’ Jurisdiction to Issue Civil Penalties Under the N.J. Spill Act
MGKF Litigation Blog
November 18, 2019
Environmental Groups, State AGs Challenge Endangered Species Act Revisions
The Legal Intelligencer
November 14, 2019
Fifth Circuit Rules Landfill Odors Are Permanent Nuisance
MGKF Litigation Blog
November 4, 2019
Montana Supreme Court Holds No Private Right of Enforcement of Water Use Act
MGKF Litigation Blog
October 28, 2019
Federal Court Holds Medical Monitoring Available for PFAS Exposure
MGKF Litigation Blog
October 14, 2019
Court Holds Most Defendants Can't Escape Liability at Premcor Refinery Site
MGKF Litigation Blog
October 3, 2019
NJ Court Holds Public Trust Doctrine Trumps Exclusivity Element of Trespass Claim
The Legal Intelligencer
October 3, 2019
Third Circuit Holds That Private Companies Cannot Condemn State-Owned Property Under the National Gas Act
MGKF Litigation Blog
September 17, 2019
Waiver Results In Sixth Circuit Rejecting Challenge to Aribtration Provision in Superfund Settlement Agreement
MGKF Litigation Blog
September 12, 2019
Seventh Circuit Holds That Resolving Some Cleanup Liability Under Any Statute Triggers a Contribution Action
MGKF Litigation Blog
September 12, 2019
Third Circuit Holds State Law Determines Just Compensation For Takings By Natural Gas Companies
MGKF Litigation Blog
August 16, 2019
NJ Supreme Court Vacates Spill Act Arbitration Decision
MGKF Litigation Blog
August 5, 2019
Breaking From Other Districts, US District Court Of Rhode Island Remands Climate Change Public-Nuisance Case To State Court
MGKF Litigation Blog
August 2, 2019
Proceeds from Oil and Gas Leases Must Be Used for Conservation Purposes Under PA's Environmental Rights Amendment
MGKF Litigation Blog
July 31, 2019
Ninth Circuit Upholds Broad Release of CERCLA Claims
MGKF Litigation Blog
July 30, 2019
EPA Finalizes Affordable Clean Energy Rule
The Legal Intelligencer
July 30, 2019
Supreme Court Decision in Knick Paves Direct Path to Federal Court for Property Owners
MGKF Litigation Blog
July 23, 2019
Supreme Court Limits Deference Owed to Agency Interpretations of Regulations
MGKF Litigation Blog
July 18, 2019
Commonwealth Court Upholds Environmental Hearing Board’s Denial of Sierra Club’s Fee Petition in Third-Party Permit Challenge
MGKF Litigation Blog
June 25, 2019
Energy Companies Prevail Against Landowners In Two Cases Involving Subsurface Drilling
MGKF Litigation Blog
June 14, 2019
Ninth Circuit Holds Forest Service’s Failure To Regulate Use Of Lead Ammunition Creates Justiciable Controversy Under RCRA
MGKF Litigation Blog
June 4, 2019
Two Recent Cases Underscore the Importance of Highly Skilled Expert Witnesses on Causation
MGKF Litigation Blog
May 20, 2019
PA Supreme Court Declines Appeal, Leaving Commonwealth Court’s Interpretation of the Environmental Rights Amendment Intact
MGKF Litigation Blog
May 16, 2019
D.C. Circuit Largely Upholds EPA’s Treatment of Confidentiality Under TSCA
MGKF Litigation Blog
April 30, 2019
Eighth Circuit Upholds Finding that Dico Arranged For Disposal under CERCLA
MGKF Litigation Blog
April 22, 2019
MDL Court Denies Response Contractors’ Motions to Dismiss in Gold King Mine Case
MGKF Litigation Blog
March 28, 2019
Supreme Court Finds Duty to Warn of Potential Asbestos Exposure and Adopts a Required Part Standard in Maritime Toxic Tort Context
MGKF Litigation Blog
March 28, 2019
EDPA Dismisses Putative Class Action Nuisance and Negligence
MGKF Litigation Blog
March 18, 2019
MDL Court Finds Federal Government Not Entitled to Sovereign Immunity for Gold King Mine Release
MGKF Litigation Blog
March 7, 2019
Delaware Superior Court Holds DNREC Cannot Use Cease-and-Desist Authority to Mandate Corrective Action
MGKF Litigation Blog
March 5, 2019
Can Bystanders Make Failure-to-Warn Claims in Toxic Tort Cases?
The Legal Intelligencer
February 26, 2019
District Court Rejects “Anticipatory” Pre-Suit Notice Letter in Dismissing Clean Water Act Claim
MGKF Litigation Blog
February 11, 2019
Sixth Circuit Holds Forced Pooling Is Not A Taking
MGKF Litigation Blog
February 7, 2019
California District Court Decision on Statute of Limitations in Contribution Actions Further Complicates Issue for Practitioners
MGKF Litigation Blog
January 29, 2019
How States Are Regulating Environmental Impacts of a Newly Legalized Industry
The Legal Intelligencer
January 15, 2019
New Jersey Appellate Division Holds Judicial Estoppel as Available Defense to Spill Act Claims for Contribution
MGKF Litigation Blog
January 10, 2019
Ways to Make Your Workplace More Inclusive
The Legal Intelligencer - Insight on Diversity
January 8, 2019
Fourth Circuit Finds Forest Service Did Not Speak For The Trees
MGKF Litigation Blog
December 17, 2018
Climate Change Petition Calls for Cap-and-Trade Program in Pennsylvania
MGKF News Flash
December 13, 2018
SCOTUS Endangered Species Act Decision Suggests More Probing Judicial Review of Agency Critical Habitat Designations
MGKF Litigation Blog
December 10, 2018
District of New Jersey Finds the Government Not Liable for Remediation Costs Associated with Former Chromite Defense Site
MGKF Litigation Blog
December 4, 2018
An Environmental Rights Amendment for NJ: Panacea or Portent?
New Jersey Law Journal
November 21, 2018
Another CWA Case Alleging Discharges to Groundwater Is Dismissed
MGKF Litigation Blog
November 19, 2018
PA Commonwealth Court Finds Municipalities Lack Authority to Regulate Environmental Issues Reserved to PADEP
MGKF Litigation Blog
November 1, 2018
Third Circuit Allows Medical Monitoring Claims to Proceed for Groundwater Contamination at Willow Grove and Warminster Naval Facilities
MGKF Litigation Blog
October 11, 2018
Third Circuit Holds Current Owners May Be Liable for Past Remediation Costs Under CERCLA
MGKF Litigation Blog
October 10, 2018
In Circuit Split, the 6th Circ. Limits CWA’s Reach Over Pollutants That Travel Through Groundwater
MGKF Litigation Blog
October 8, 2018
Commonwealth Court Upholds DEP’s “Soil-to-Groundwater” Theory as Basis for Daily Penalties Under the Clean Streams Law
MGKF Litigation Blog
October 1, 2018
W.D. Pa. Declines to Hold Parent Corporations Liable
MGKF Litigation Blog
September 27, 2018
Climate Change Scorecard: Affordable Clean Energy Rule Versus Clean Power Plan
The Legal Intelligencer
September 17, 2018
Third Circuit Vacates and Remands District Court’s “Speculative” Equitable Allocation
MGKF Litigation Blog
September 17, 2018
Third Circuit Rules on Jurisdiction and the Environmental Rights Amendment
MGKF Litigation Blog
September 5, 2018
Pennsylvania Supreme Court Rules Again on Municipal Zoning Ordinance for Oil and Gas Development
MGKF Litigation Blog
August 25, 2018
FERC's Hard Look at Pipeline Construction and GHG Emissions
The Legal Intelligencer - Energy & Environmental Law Supplement
August 6, 2018
Fifth Circuit Affirms Sovereign Immunity Bars CERCLA Claims Against State Agencies and Universities
MGKF Litigation Blog
August 6, 2018
Sixth Circuit Panel Endorses “Broad View” of Class Certification in Toxic Tort Case
MGKF Litigation Blog
July 24, 2018
Third Circuit Revives Landowner’s Challenge to the DRBC’s Authority over Fracking Activities in the Delaware River Basin
MGKF Litigation Blog
July 16, 2018
PA Supreme Court Addresses Agency Deference and the ERA in Ruling on Unconventional Well Drilling Regulations
MGKF Litigation Blog
June 26, 2018
D.C. Circuit Upholds EPA Rule Limiting Effect of Court Decisions from Other Circuits
MGKF Litigation Blog
June 20, 2018
PA Supreme Court Holds Gas Drilling in Residential District May Require Zoning Changes
MGKF Litigation Blog
June 11, 2018
Pushing Pause: Staying and Delaying Environmental Regulations
The Legal Intelligencer
May 15, 2018
Ninth Circuit Finds Tax Sale Purchaser Liable under CERCLA
MGKF Litigation Blog
May 14, 2018
EHB Upholds Permit Revision Under Environmental Rights Amendment
MGKF Litigation Blog
May 1, 2018
Groundwater Connection to Navigable Waters Sufficient for CWA Violation
MGKF Litigation Blog
April 17, 2018
Pennsylvania Supreme Court Decides EQT Case, Holding Daily Penalties Do Not Accrue for Continuing Presence of Pollutants In Waters of the Commonwealth
MGKF Litigation Blog
April 9, 2018
PA Commonwealth Court Holds that Corporate Officer May Be Liable for Deliberate Inaction Under Participation Theory
MGKF Litigation Blog
March 26, 2018
Fifth Circuit Affirms $81 Million Clean Water Act Civil Penalty
MGKF Litigation Blog
March 14, 2018
New Jersey Appellate Division Upholds Historic NRD Settlement; Environmental Groups Appeal
MGKF Litigation Blog
March 5, 2018
The Northern District of New York Weighs In On State Court Orders and Section 107
MGKF Litigation Blog
March 1, 2018
Attorney-Client, Work-Product Protections With Respect to Outside Consultants
The Legal Intelligencer
February 27, 2018
Ninth Circuit Holds Indirect Discharges Into Navigable Waters Violates the Clean Water Act
MGKF Litigation Blog
February 2, 2018
EHB Upholds Plan Approval, Rejecting Challenge Under Article I, Section 27
MGKF Litigation Blog
February 1, 2018
Montana Court Rules CERCLA Does Not Preempt Claims For Restoration Damages
MGKF Litigation Blog
January 24, 2018
Supreme Court Holds Appeals of “Waters of the United States” Rule Must Proceed in District Court
MGKF Litigation Blog
January 22, 2018
A Year in Review: The EPA and the Trump Administration
The Legal Intelligencer
January 11, 2018
District of New Hampshire Declines to Dismiss PFA-Related Property Damage Claims; Undecided on Medical Monitoring Damages
MGKF Litigation Blog
December 21, 2017
First Circuit Affirms District Court's Grant of Summary Judgment In Favor Of Monsanto in PCB Property Contamination Suit
MGKF Litigation Blog
December 19, 2017
Sustainability in the Food and Beverage Industry
December 2017 issue of EM Magazine
December 7, 2017
EHB Finds Another Violation of PA's Environmental Rights Amendment, But Again Only in the Presence of a Regulatory Violation
MGKF Litigation Blog
November 22, 2017
Settlements and CERCLA Contribution Claims--A Lesson in Careful Drafting
The Legal Intelligencer
November 16, 2017
NJ District Court Holds that Companies Cannot Knock Out Claim for Primary Restoration Natural Resource Damages under the Spill Act
MGKF Litigation Blog
November 13, 2017
Overturning Trial Court, Ninth Circuit Rejects 0% Allocation to U.S. Government
MGKF Litigation Blog
October 24, 2017
In A Town's Fight Against Gas Drilling, Preemption is Key
Law360
October 23, 2017
Ninth Circuit Holds Historic RCRA Settlement Did Not Trigger 3-Year Statute of Limitations for CERCLA 113 Contribution Claims
MGKF Litigation Blog
October 16, 2017
On Remand, Backed By Facts, Dico Again Held To Be An Arranger
MGKF Litigation Blog
October 9, 2017
Pennsylvania and Federal Law Preempt Municipal Home Rule Charter
MGKF Litigation Blog
October 4, 2017
New Jersey Appellate Division Ruling Expands the List of Potential Owners Eligible for Innocent Party Grants under the Brownfield Act
MGKF Litigation Blog
September 28, 2017
Superfund Sites: Sweeping Up the Past, Present and Future
The Legal Intelligencer
September 18, 2017
D.C. Circuit Vacates Rule Regulating Hydrofluorocarbons Under The Clean Air Act
MGKF Litigation Blog
August 30, 2017
What Does It Mean To 'Consider' Pipeline Risk Factors?
Law360
August 29, 2017
Pennsylvania Environmental Hearing Board Sets Guidelines for Challenges to PADEP Permitting Decisions
MGKF Litigation Blog
August 16, 2017
Fifth Circuit Holds Past Pipeline Spills Not Dispositive in Determining Whether Operator “Considered” Pipeline Risk Factors
MGKF Litigation Blog
August 15, 2017
Tenth Circuit Rejects "Indicia of Ownership" Test to Hold Title Owner Liable Under CERCLA
MGKF Litigation Blog
August 3, 2017
Company Waived Attorney-Client Privilege by Sharing Privileged Communication with Consultant, Superior Court Holds
MGKF Litigation Blog
July 30, 2017
Threatened, Endangered Species Playing Role in Project Planning
The Legal Intelligencer - Environmental & Energy Supplement
July 27, 2017
Love Canal’s Legacy – Second Circuit Affirms Pollution Exclusion in Plumber’s Insurance Policy Bars Defense and Indemnification Claims
MGKF Litigation Blog
July 20, 2017
D.C. Circuit Acts Quickly To Vacate EPA's Stay of Methane Rule
MGKF Litigation Blog
July 7, 2017
Rule for Common-Control Determinations in Air Permitting Rejected
The Legal Intelligencer
July 7, 2017
D.C. Circuit Holds the Effluent Data Need Not Be Disclosed in Response to FOIA Request
MGKF Litigation Blog
June 27, 2017
Commonwealth Court Upholds Municipal Ordinance Allowing Drilling in R-AG Districts
MGKF Litigation Blog
June 26, 2017
Michigan Appeals Court Declines to Dismiss Dioxin Pollution Suit on Statute of Limitations Grounds
MGKF Litigation Blog
June 8, 2017
U.S. Army Corps Proposes to Remove Navigational Servitude Affecting Philadelphia Properties
MGKF Special Alert
June 5, 2017
Pennsylvania Environmental Hearing Board Tells Third Circuit, “Don’t Tread on Me”
MGKF Litigation Blog
June 1, 2017
Second Circuit Upholds Principle that Passive Sandwich Lessee is Neither an "Owner" nor an "Operator" under CERCLA
MGKF Litigation Blog
May 18, 2017
Eighth Circuit Affirms Pipeline Spill Issues Too Individualized for Class Treatment
MGKF Litigation Blog
May 15, 2017
Reauthorization of the NFIP Could Expand Flood Coverage
The Legal Intelligencer
May 12, 2017
Pennsylvania Commonwealth Court Finds Latent Property Contamination Triggers “Occurrence” Insurance Coverage Prior to Discovery of the Contamination
MGKF Litigation Blog
May 1, 2017
Second Circuit Lacks Jurisdiction to Review District Judge’s Enforcement of a Bankruptcy Settlement Against Pennsylvania Toxic Tort Plaintiffs
MGKF Litigation Blog
April 26, 2017
Communications With A Consultant, Even If Not Privileged, May Be Protected
MGKF Litigation Blog
April 24, 2017
New Jersey Supreme Court Declares Spill Act Is Not Retroactive for the State’s Own Liability
MGKF Litigation Blog
March 30, 2017
Court Finds the Clean Water Act Covers Discharges to Groundwater Hydrologically Connected to Surface Waters, But Requires Monitoring Instead of Penalties
MGKF Litigation Blog
March 29, 2017
New Jersey Appellate Division Applies Equitable Principles in Allocating Investigation Costs Between Neighboring PRPs
MGKF Litigation Blog
March 10, 2017
Facing the Behemoth: Gorsuch's Implications for Environmental Law
The Legal Intelligencer
February 28, 2017
Motions to Dismiss PFOA/PFOS RCRA Injunctive Relief Action Denied in N.D. Alabama
MGKF Litigation Blog
February 16, 2017
Fourth Circuit Holds NPDES Permit Is Not An Absolute Shield From CWA Liability
MGKF Litigation Blog
February 10, 2017
Federal District Court in Michigan Reaffirms the Comprehensive Scope of the Safe Drinking Water Act in Protecting Public Water Systems
MGKF Litigation Blog
February 6, 2017
EPA's 2016 Enforcement Results: An Indicator for 2017?
The Legal Intelligencer
January 13, 2017
Commonwealth Court of Pennsylvania Limits DEP’s Continuing-Violations Penalty Policy under the Clean Streams Law
MGKF Litigation Blog
January 12, 2017
Tenth Circuit Rules Bankruptcy Settlement Not a Bar to CERCLA Contribution Action
MGKF Litigation Blog
January 9, 2017
Prior Property Owner Fails to Escape New Jersey Environmental Suit Because of Ambiguity in the Purchase and Sales Agreement of a Contaminated Property
MGKF Litigation Blog
December 21, 2016
New York Court Awards $1.7 Million in Litigation Costs to Insured for CERCLA Defense
MGKF Litigation Blog
December 15, 2016
TSCA Amendments Promise New Chemical Regulation in 2017
The Legal Intelligencer
November 11, 2016
Michigan District Court Grants Motion to Dismiss Common Law Claims Relating to Refinery Emissions
MGKF Litigation Blog
November 3, 2016
New Jersey Appellate Division Rules That Remediation Efforts May Lead to Spoliation of Evidence
MGKF Litigation Blog
November 2, 2016
Expert Report Calculating Damages in Excess of $5 Million Triggers Right to Removal under CAFA
MGKF Litigation Blog
October 31, 2016
Supreme Court Revisits Robinson Township to Strike Down Additional Provisions of Act 13
MGKF Litigation Blog
October 25, 2016
U.S. District Court in Illinois Weighs in on RCRA Injunctive Relief in Citizen Suits When Proceedings Regarding the Same Contamination Are Ongoing
MGKF Litigation Blog
October 25, 2016
New Jersey Court Applies Laches to Bar Spill Act Contribution Claim
MGKF Litigation Blog
October 17, 2016
Massachusetts Court Holds That Completion of Removal Activity Does Not Trigger the Statute of Limitations Until a ROD is Issued Despite Apparent Delay by the Government
MGKF Litigation Blog
October 4, 2016
California Court Holds that Cities Have No Property Right in Stormwater
MGKF Litigation Blog
September 11, 2016
Update on the EPA's 'Next Generation Compliance' Strategy
The Legal Intelligencer
September 9, 2016
District Court Rules That A Current Owner's CERCLA Liability Does Not Extend Back To The Future
MGKF Litigation Blog
September 6, 2016
Commonwealth Court Interprets Robinson Township I to Hold that the Pennsylvania DEP Can Require Oil and Gas Drillers to Consider Public Resources in Well-Siting Permits
MGKF Litigation Blog
September 1, 2016
Fear of Harm from Presence of Pollutants that “Could Cause Harm” Constitutes Injury-in-Fact for CAA Standing
MGKF Litigation Blog
August 29, 2016
Third Circuit Opens the Door for Challenges to State Permits Issued Pursuant to Federal Law to Interstate Natural Gas Facilities
MGKF Litigation Blog
August 17, 2016
Ninth Circuit Clears the Air of CERCLA Claims
MGKF Litigation Blog
July 28, 2016
Court Rejects Numerous Challenges to Flint Water Citizen Suit
MGKF Litigation Blog
July 26, 2016
Settlement Negotiations and Public Disclosure Laws
The Legal Intelligencer
July 26, 2016
Split Supreme Court Raises EPA Regulation Questions
The Legal Intelligencer
July 11, 2016
U.S. Supreme Court Allows Federal Court Challenges to Army Corps’ Jurisdictional Determinations Under Clean Water Act
MGKF Litigation Blog
June 8, 2016
Colorado Supreme Court Holds State Law Preempts Municipalities’ Fracking Moratoria
MGKF Litigation Blog
June 2, 2016

View Current Articles