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DUPONT’S PLANNED SPINOFF COMPANY, SLATED TO ACCEPT COMPANY’S ENVIRONMENTAL LIABILITIES, DRAWS CONCERN

DuPont Co., one of the nation’s largest chemical manufacturers, is proceeding with its plan to spin off several of its businesses into a new company called The Chemours Co.  In what might ordinarily be considered a business page story, environmentalists and New Jersey residents have reacted with concern over DuPont’s proposal, which would include a Read More

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Failure to Assert All Damages in Contamination Claims May Cause Failure to Obtain Full Recovery

When a property owner’s investment property was contaminated by a leaking gasoline station next door, his case was ultimately dismissed for failing to allege all of the damages early in his litigation against the oil company. This happened in the case of Favorito v. Puritan Oil Company, Inc., which was upheld by a New Jersey Read More

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U.S. Supreme Court Rules Federal CERCLA Does Not Supersede State Statute of Repose

In CTS Corp. v. Waldburger, 134 S. Ct. 2175 (2014), the Supreme Court held in a 7-2 decision that the federal Superfund law, also known as the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), does not supersede a state law in North Carolina that requires lawsuits to be brought within 10 years from the Read More

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New York Orders More Comprehensive Clean Up Than EPA Proposes for Same Contamination in New Jersey

An order from the State of New York is sowing discord in Ringwood, New Jersey. New York State has ordered Ford Motor Company, responsible for a contamination of toxic paint sludge from a former facility in Mawah, New Jersey, to remove nearly all of the contaminant from a dump site in Rockland County. In the Read More

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Coal Ash Leak in North Carolina Power Plant Slowed, but Not Stopped

An underground pipe collapsed early this month at a retired power plant in North Carolina, causing between 50,000-82,000 tons of coal ash to flow into the Dan River. Workers are scurrying to seal the leak, and as of February 6, 2014 the flow has slowed, but workers have been unable to completely stop the spill. Read More

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First Responders to Paulsboro Derailment Get Suits Remanded to NJ Court

On January 13, 2014, U.S. District Judge Robert Kugler granted a motion to remand the claims of approximately 30 plaintiffs to the Gloucester County Superior Court. In September 2013, the case Belbin v. Consolidated Rail Corp. had been removed to federal court based on diversity jurisdiction; one of the plaintiffs was from Pennsylvania. However, plaintiffs Read More

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Firm Files Civil Suit Against Gas & Energy Company On Behalf of Edison Residents with Contaminated Property

Edison residents sue Chevron for alleged contamination By Jack Murtha General Media Newspapers (January 17, 2014) EDISON — Several residents have filed a civil lawsuit against Chevron Corp. for damages that allegedly stemmed from the company’s discharge of hazardous materials, which are said to have contaminated several properties off New York Boulevard. “This case is Read More

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Firm Pursues Lawsuit for Central NJ Homeowners Impacted by Contamination from Pesticide Plant

Chevron Sued For Contamination From NJ Pesticide Plant By Kelly Knaub Law360, New York (December 18, 2013, 7:04 PM ET) A group of Edison, N.J., property owners last week sued Chevron Corp. in New Jersey court over alleged contamination from a pesticides manufacturing facility the company had operated in the township. The 12 plaintiffs filed Read More

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DuPont Ceases Manufacturing of PFOA Ahead of New EPA Rule

The Environmental Protection Agency (“EPA”) is in the process of proposing a rule to end future manufacturing, importing, and/or usage of perfluorooctanoic acid (“PFOA”). Additionally, earlier this year (and ahead of schedule), Dupont ceased its production of PFOA at all of its facilities. Recently in New Jersey, the Toxic Injury Lawyers helped settle a case Read More

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DuPont Ceases Manufacturing of PFOA

The Environmental Protection Agency (“EPA”) is in the process of proposing a rule to end future manufacturing, importing, and/or usage of perfluorooctanoic acid (“PFOA”). Due to concerns over PFOA’s persistence in the environment, the EPA created a voluntary program, the PFOA Stewardship Program (“Program”), to encourage companies that produce the chemical to eliminate production by Read More

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