Category Archives: Toxic Tort Defense
Texas Businesses Under New Threat From EPA Changes
Texas is known around the world for being an energy-producing powerhouse, and many of its most notable corporations are engaged in the energy industry. These companies provide American citizens with some of the most valuable resources necessary for life and luxury. However, environmental groups continue to voice concerns that many of these companies are… Read More »
Toxic Tort Lawsuit Filed Against Texas City, Leading to $1.1 Million in Penalties
In late September, a toxic tort lawsuit was filed against the City of Corpus Christi, Texas for violations of the Clean Water Act and Texas Water Code in connection with alleged illegal discharges of pollutants in the form of untreated sewage into federal and state waters. According to the complaint, the city has been… Read More »
Federal Government Announces Major Changes to Water-Related Toxic Tort Prosecutions
As attorneys who work in toxic tort defense here in Texas, we frequently work on cases involving enforcement actions under federal environmental laws, such as the Clean Water Act (CWA), as our commercial and industrial clients can sometimes be the subjects of these enforcement actions, which are inevitably and significantly affected by the principles… Read More »
Will COVID-19 Leak Monitoring Waivers Provided to Texas Petrochemical Facilities Backfire & Result in Toxic Tort Claims?
Waivers provided to companies concerning pollution monitoring by both federal and state agencies due to the pandemic could very well end up resulting in toxic tort claims, whereby plaintiff communities bring claims alleging that they have suffered from exposure to toxic substances here in Texas. In March, the federal Environmental Protection Agency (EPA) informed… Read More »
Supreme Court Holds Broad View of Direct Discharges Under Clean Water Act: What This Means for Toxic Tort Cases
In late April, the US Supreme Court made a decision that will have significant impacts on businesses in toxic tort cases. Specifically, the Court ruled that the Clean Water Act requires that companies obtain a permit; not only when they direct discharge into navigable waters, but when they engage in an action that is… Read More »
The New Toxic Tort Case Hitting Chemical Companies
Toxic torts are not only very complex legal cases, but they also have potential to cost businesses and insurance companies significant fines and damages, and they appear to be on the rise. In particular, one type of toxic tort litigation linked to what are known as called “forever chemicals,” which have allegedly been discovered… Read More »
The Public Nuisance Doctrine Is Costing Businesses Millions
The use of public nuisance as a cause of action against large companies such as Johnson & Johnson is becoming increasingly popular. The company was recently held responsible for one state (Oklahoma)’s opioid epidemic through the use of its marketing practices, and ordered to pay the state almost $600 million in damages as a… Read More »
U.S. Supreme Court to Hear Important Toxic Tort Case with Huge Potential Liability to U.S. Businesses
The U.S. Supreme Court will soon hear a case that will have a significant impact on what is considered to be a toxic tort behavior on the part of businesses and other entities. Specifically, the case presents the question of whether indirectly releasing pollutants into the water constitutes a violation of the Clean Water… Read More »
Jury Verdict in Monsanto Toxic Tort Case Highlights Remaining Scientific Uncertainty
A recent jury verdict in the amount of $289 million against the agribusiness Monsanto in connection with whether their product “Roundup weed-killer” (glyphosate)—one of the common herbicides used globally—causes cancer has a number of companies that can be sued for toxic tort issues concerned, and highlights just how tricky these types of cases can… Read More »
U.S. Supreme Court Lets Texas Corporate Officer Liability Decision Stand
In November, the U.S. Supreme Court denied hearing the appeal of a Texas Supreme Court ruling finding that a corporate officer was personally liable under Texas law for failing to comply with a hazardous waste compliance plan. In doing so, it let stand the court’s finding that corporate officers can be held personally liable… Read More »