Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

By Whitney Jones Roy on August 19, 2016
Email this postTweet this postLike this postShare this post on LinkedIn

COLORADO CITY FRACKING BANS PREEMPTED BY STATE LAW

City of Longmont v. Colo. Oil and Gas Ass’n, 369 P.3d 573 (Colo. 2016), 2016 Colo. LEXIS 442; City of Fort Collins v. Colo. Oil and Gas Ass’n, 369 P.3d 586 (Colo. 2016), 2016 Colo. LEXIS 443. In two concurrent opinions, the Colorado Supreme Court invalidated the two cities’ bans on fracking and the storage of fracking wastes within the cities’ limits.  The City of Longmont completely banned the fracking process within the city’s limits; whereas, the City of Fort Collins enacted a five-year moratorium on the fracking process.  The Colorado Supreme Court held that both bans conflicted with state law in their operational effect and, thus, were preempted by state law.

Continue reading.

OREGON’S TEMPORARY BAN ON INSTREAM MOTORIZED MINING EQUIPMENT NOT PREEMPTED BY FEDERAL LAW

Joshua Caleb Bohmker, et al. v. State of Oregon, et al., 2016 U.S. Dist. LEXIS 39163 (D. Or. March 25, 2016). The United States District Court for the District of Oregon upheld a state law placing a temporary ban on the use of motorized equipment for mining in Oregon riverbeds and banks. The ban was in response to the “significant risks” motorized mining posed to Oregon’s natural resources and the cumulative environmental impacts of motorized mining. The moratorium applied only to the use of motorized mining equipment, and did not ban mining altogether. The court found that SB 838 is a valid regulation and not preempted by federal law.

Continue reading.

SOPHISTICATED INTERMEDIARY DOCTRINE FOR PRODUCTS LIABILITY CLAIMS NOW THE LAW IN CALIFORNIA

Webb v. Special Electric Co., Inc., 2016 Cal. LEXIS 3591 (May 23, 2016). The California Supreme Court adopted the “sophisticated intermediary doctrine” in regard to product liability claims, holding that a supplier can discharge its duty to warn only if it (1) provides adequate warnings or sells to a sophisticated buyer; and (2) reasonably relies on the buyer to warn end users of the harm.

Continue reading.

Photo of Whitney Jones Roy Whitney Jones Roy

Whitney Jones Roy is a litigation partner in firm’s Los Angeles office.

Read more about Whitney Jones RoyEmail
  • Posted in:
    Environmental and Climate
  • Blog:
    Real Estate, Land Use & Environmental Law Blog
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo