Online Articles

Imagining a Greener Future for Post-COVID-19

October 25, 2020 by Hyunjin Kim Air Chemicals Climate change Fossil Fuels International

"Normal was a crisis." When we say we want to "go back to normal," do we really mean the world exactly as we left it? Or, could we use COVID as a means of building something better than what we had, perhaps greener?

Duck, Duck, Sued! – CERCLA’s Game of Contribution Tag

April 27, 2019 by Sean Murphy Chemicals Litigation Regulations

Imagine the polluters in a CERCLA Superfund suit sitting in a circle playing Duck Duck Goose. That’s right—this game isn’t just for kids. CERCLA, the Superfund statute lets polluters play a similar game of liability tag in contribution actions. But is CERCLA really all fun and games?

Litigating the Alleged Carcinogenicity of Glyphosate in Monsanto’s Roundup: The Fairness (and Unfairness) of Deciding Causation Independent of Liability

January 17, 2019 by Leora Friedman Chemicals Litigation

The Northern District of California readies to hear the U.S.’s first federal test case regarding the carcinogenicity of Monsanto’s glyphosate-containing herbicide, Roundup. Controversially, in early January 2019, Judge Chhabria granted Monsanto’s request for bifurcation—agreeing first to litigate glyphosate’s causation to the plaintiff’s cancer and, only afterward, allowing evidence of Monsanto’s alleged efforts to sway agency positions on glyphosate. But can the reliability of scientific studies be determined without considering the institutions that may have housed and/or nurtured them?

Birmingham Bribery Trial Ends, but Who Should Pay for the 35th Avenue Superfund Site?

October 4, 2018 by Jie Yang Chemicals Litigation Regulations

Over the summer, a big firm lawyer and a coke company’s senior executive were both convicted of bribing a former state legislator in order to prevent the EPA from listing the 35th Avenue Superfund Site located in north Birmingham, Alabama on the National Priorities List. How did this corruption happen, and what were the underlying causes?