In a reversal of a decision by the New Jersey District Court, the Court of Appeals for the Third Circuit in In re Congoleum Corporation held 2-1 that the bankruptcy court did not have jurisdiction to reopen an earlier proceeding
MGKF Litigation Blog
The MGKF Litigation Blog, published by Manko | Gold | Katcher | Fox LLP, focuses on litigation developments primarily in environmental and energy law. It covers court decisions and legal issues related to the Endangered Species Act, Clean Water Act enforcement, climate change legislation, and related constitutional challenges. The blog also addresses procedural and jurisdictional matters in environmental litigation, including bankruptcy implications in contamination and cleanup cases. It highlights significant appellate rulings from various federal circuits, emphasizing litigation strategy and regulatory compliance in areas such as water use, air quality, greenhouse gas regulation, and fossil fuel industry accountability.
Latest from MGKF Litigation Blog - Page 3
Ninth Circuit Court of Appeals Holds that Cultural Uses May Be Considered in Natural Resource Damage Assessments
By MGKF
This month, the United States Court of Appeals for the Ninth Circuit held in Confederated Tribes of the Colville Rsrv. v. Teck Cominco Metals Ltd, No. 24-5565, 2025 WL 2525853 (9th Cir. Sept. 3, 2025) that CERCLA permits recovery of…
Supreme Court's Denial of Certiorari Leaves a Circuit Split on the Scope for Citizen Enforcement Under Clean Water Act
By MGKF
On June 30, 2025, the Supreme Court denied the Port of Tacoma (the “Port”) and SSA Terminals LLC’s (“SSA”) petition for writ of certiorari to review the 9th Circuit’s decision in Port of Tacoma v. Puget Soundkeeper Alliance addressing whether…
Court Narrows Claims in Navy Land Sale Contamination Dispute
By MGKF
A recent decision sheds light on the U.S. government’s cleanup obligations in land sales involving former military sites. In Hamilton Square, LLC v. United States, No. 20-1285 (Fed. Cl. July 15, 2025), the U.S. Court of Federal Claims allowed a…
District Court Upholds Public Water Supplier’s Tort Claims & Finds Expert Testimony Admissible in Groundwater Contamination Litigation
By MGKF
On July 9th, 2025, the Eastern District of New York ruled on a series of motions in Suffolk County Water Authority v. Dow Chemical Company, a case brought by the Suffolk County Water Authority (“Suffolk”) against chemical manufacturers for the…
Second Circuit Clarifies CERCLA Statute of Limitations in Multi-Phase Cleanups
By MGKF
This post was written by MGKF summer associate Kennedy Reardon
On July 17, 2025, the Second Circuit issued an opinion in ELG Utica Alloys, Inc. v. Niagara Mohawk Power Corp. affirming an order granting summary judgment against ELG Utica Alloys,…
Third Circuit Remands 1,4 Dioxane Case to State Court Rejecting the Use of the Federal-Officer Removal Statute
By MGKF
This post was written by MGKF summer associate Ella Souder
In March 2023, the State of New Jersey sued Dow Chemical Company (“Dow”) in state court alleging that Dow was responsible for contamination caused by the chemical 1,4-dioxane which was…