ECA Environmental & Product Liability Litigation Report

The Roux ECA team is pleased to introduce ECA’s Environmental & Product Liability Litigation Report, or ECA Blog, for our clients and other interested parties. The report will track emerging trends in environmental and mass tort litigation and provide information and commentary on tort and bankruptcy litigation rulings, legislation, state and federal environmental regulations, insurance coverage issues, and scientific and medical evidentiary matters.

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Deepwater Horizon Restoration Efforts in LA Continue as NOAA Releases Plan for Public Review

March 21, 2022

A draft Restoration Plan and Environmental Assessment for certain areas of the Louisiana coastline effected by the 2010 Deepwater Horizon oil spill was released on March 18 by the National Oceanic and Atmospheric Administration (NOAA). The newly released Restoration Plan...

Maryland Senate Passes Climate Bill to Reduce Greenhouse Gas Emissions

March 16, 2022

Maryland’s comprehensive climate bill passed in the Senate on March 16 and will go on to the House of Delegates. The Climate Solutions Now Act passed in a 32-15 vote along party lines, with Republicans voting against the act. The...

Fourth Circuit Court Upholds Decision on COVID-19 Loss Coverage

March 09, 2022

In the ninth COVID-19 business interruption claim to go before a federal appeals court, the Fourth Circuit continued the unanimous streak of finding in favor of the insurer in a ruling delivered on March 7. Uncork and Create, a wine...

Judge in Paraquat MDL Dismisses Public Nuisance and Minnesota Consumer Protection Claims

February 14, 2022

A U.S. District Judge in the Paraquat Multidistrict Litigation proceedings on Feb. 14 dismissed public nuisance and certain consumer protection claims brought against defendants Chevron U.S.A. Inc. and Syngenta Crop Protection LLC. Judge Nancy Rosenstengal of the U.S. District for...

Second Circuit Courts Finds in Favor of Insurer in Pandemic Loss Suit

January 06, 2022

On Dec. 27, 2021, the Second Circuit denied a New York art gallery’s attempts to file suit against its business insurance policy issuer, the first such case the appeals court ruled upon. In keeping with previous rulings throughout the US,...

Benton Harbor Residents File Lawsuit Alleging Lead Contamination

December 29, 2021

Residents of Benton Harbor, Michigan filed a lawsuit on Dec. 29 in Michigan’s Court of Claims, alleging the Michigan Department of the Environment (MDE) failed to stop lead-contaminated water from being distributed to the town’s public water system. The lawsuit,...