20 results for 'cat:"Environment" AND cat:"Settlements"'.
J. Broderick partially declines to approve ExxonMobil's settlement agreement reached with Pennsylvania in this consolidated action over the contamination of groundwater from various energy defendants' use of the gasoline additive methyl tertiary butyl ether. The oil company has not sufficiently explained why, as a matter of law, all monetary damages claims against it in this case are barred, or why Pennsylvania law prohibits natural resource damages.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 6, 2024, Case #: 1:14cv6228, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: environment, settlements, Tort
J. Jones grants the consent decree between the nonprofit organization and the city regarding the former's complaint that the latter violated multiple provisions of its National Pollutant Discharge Elimination System permit. Among other stipulations, the city agrees to collect industrial stormwater samples, depending on weather patterns.
Court: USDC Western District of Washington, Judge: Jones, Filed On: February 15, 2024, Case #: 2:23cv756, NOS: Environmental Matters - Other Suits, Categories: environment, settlements, Water
Per curiam, the appellate division finds that the lower court properly granted the oil company's motion to enforce the stipulation of settlement made in open court by counsel on behalf of their clients in a suit to recover damages sustained as a result of oil contamination to real property. The property owners failed to establish that their attorney did not have the authority to enter into the settlement on their behalf. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 14, 2024, Case #: 00760, Categories: environment, settlements, Tort
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J. Rearden approved a consent decree between the federal government and a construction company that was found to have violated the Toxic Substances Control Act via its violation of certification and training requirements, poor recordkeeping practices, and its use of lead and failure to warn about toxic materials. The company could not pay the full civil penalty, so the government has agreed to a $606,000 settlement.
Court: USDC Southern District of New York, Judge: Rearden, Filed On: January 31, 2024, Case #: 1:23cv7838, NOS: Environmental Matters - Other Suits, Categories: Construction, environment, settlements
J. Evanson grants the consent decree between the nonprofit organization and the general contractor for the former's complaint accusing the latter of discharging stormwater and other pollutants into the Duwamish Waterway, which flows to Puget Sound. Among other stipulations, the general contractor will electronically forward copies of all submissions and written communications for the facility to the nonprofit organization on a monthly basis.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 20, 2023, Case #: 2:22cv848, NOS: Environmental Matters - Other Suits, Categories: environment, settlements, Water
J. Morris finds in favor of Spanish Peaks after environmentalists claimed they were discharging nitrogen into the Gallatin River and using sprinklers on ski runs to discharge wastewater. The claims are barred due to the fact that a consent order, into which the environmental group entered, had already settled the claims and shields the company from being sued again.
Court: USDC Montana, Judge: Morris, Filed On: December 20, 2023, Case #: 2:23cv28, NOS: Environmental Matters - Other Suits, Categories: environment, settlements
J. Lasnik approves of the consent decree between the organization and the U.S. Environmental Protection Agency for the former's environmental lawsuit alleging that the EPA did not approve or disapprove the state implementation plan regarding the Fairbanks North Star Borough fine particulate matter non-attainment area. Among other stipulations, the EPA must sign a notice or notices of final rulemaking approving, disapproving or conditionally approving the Fairbanks matter by no later than Nov. 22, 2023.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: November 16, 2023, Case #: 2:22cv1382, NOS: Environmental Matters - Other Suits, Categories: environment, settlements
J. Moore finds that the lower court improperly denied the mining company's motion to dismiss a nearby farmer's claim that per- and polyfluoroalkyl chemicals from firefighting foam contaminated the groundwater and killed some of his livestock. The farmer agreed to settle all claims against the mining company - including future claims resulting from the same contamination - in a $290,000 settlement. Reversed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: September 1, 2023, Case #: 230346, Categories: environment, settlements
J. Whitehead grants the consent decree between the conservation ecology organization and the Washington Department of Fish and Wildlife arising from a lawsuit alleging that the department's hatchery programs violated the Endangered Species Act because they did not undergo the required reviews and they affect Puget Sound steelheads. Among other stipulations, Fish and Wildlife officers shall work with the conservation ecology organization to conduct systemic snorkel surveys on the North Fork Skykomish River and the South Fork of the Tolt River.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: August 3, 2023, Case #: 2:21cv169, NOS: Environmental Matters - Other Suits, Categories: environment, Government, settlements
J. Shubb enters a consent agreement between the state corrections department and a nonprofit and county in which the department agrees to pay $1.7 million for their investigative costs and attorney fees, and will repair a wastewater system and implement a water pollution prevention plan, among other things.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: August 2, 2023, Case #: 2:20cv2482 , NOS: Environmental Matters - Other Suits, Categories: environment, settlements, Water
J. Stadtmueller grants the federal government's motion for a consent decree in its lawsuit against the container recycling company alleging that it violated the Clean Air Act and Resource Conservation and Recovery Act by mishandling or failing to control its waste products and hazardous air emissions and failing to obtain or comply with the proper permits. The consent decree, which in part requires the company to pay a $1.6 million penalty and implement new plans for emissions control and hazardous waste management, is fair, reasonable, in the public interest and in compliance with both Acts. The state of Wisconsin's motion to intervene is granted, and the case is administratively closed pending further action.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: July 27, 2023, Case #: 2:22cv1423, NOS: Environmental Matters - Other Suits, Categories: environment, settlements
J. Hernandez grants the Illinois insurance company's supplemental motion for summary judgment regarding its claim that the California insurance company must contribute 74.6% of defense costs for McKay Investments Company's liability policy regarding a 2009 faced enforcement action, which is related to pollution from a former dry cleaner at a property McKay owned. The California insurance company's argument that the Illinois insurance company is not entitled to equitable contribution because the cost-sharing agreement covers rights and obligations for past payments is invalid, because both parties agreed that this settlement agreement was interim and could be renegotiated.
Court: USDC Oregon, Judge: Hernandez, Filed On: July 3, 2023, Case #: 3:21cv266, NOS: Insurance - Contract, Categories: environment, Insurance, settlements
J. Bunn reverses the lower court's Nov. 19, 2021, order granting the joint motion of the mineral wool manufacturing company, one if its employees and three former members of the Jefferson County Development Authority to settle a Jefferson County activist's defamation suit, finding the judge erred by not holding an evidentiary hearing on the motion, but instead accepting the emails exchanged between the parties as proof of a binding agreement. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: June 14, 2023, Case #: 21-1015, Categories: environment, Government, settlements