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Section of Environment, Energy, and Resources


Environmental Litigation and Toxic Torts Committee Newsletter

Vol. 10, No. 2, June 2008

(The full newsletter can be viewed and printed as a pdf document by choosing the link in the column on the right. The table of contents below lists the title of the article and also the page number where it can be found in the pdf document.)

June 2008 Issue

In this issue:

Message from the Chair
Peter L. Gray…1

Message from the Vice Chair, Newsletter
Mike Freeman…1

The Polar Bear Is Listed As Threatened under the Endangered Species Act: Can the U.S. Fish and Wildlife Service Stop Its Listing from Shaping Climate Change Policy?
Eric Andreas…3

Recent Ninth Circuit Ruling Likely to Increase NEPA Climate Change Litigation
James G. Derouin, Fredric D. Bellamy, David R. Nelson, and Mark E. Freeze…6

An Update on Global Warming Litigation
Scott E. Hitch and Emily A. Poe…8

EPA’S Selective Use of Science When Establishing Cleanup Benchmarks for Superfund Sites: A Case Study
Todd Stedeford and Marcia Hardy…12

The Ninth Circuit’s Burlington Northern Decision on Arranger Liability—Don’t Cry ”CERCLA” over Spilt Bourbon?
Norman A. Dupont…16

The Clean Water Restoration Act of 2007—Got a Permit for That Puddle?
Rob Fowler and Gretchen Morgan…20

Winning Your 2018 Nano-Exposure Trial Requires Savvy Planning Today
Prof. James T. O’Reilly…22

Cases of Interest and Interesting Cases
Christina Lorino, Jonathan R. Lowe, Ethan L. McWilliams, Ramsey Prather, and Gregory J. DeGulis…26


© 2008. American Bar Association. All rights reserved. The views expressed herein have not been approved by the ABA House of Delegates or the Board of Governors and, accordingly should not be construed as representing the policy of the ABA.

This newsletter is a publication of the ABA Section of Environment, Energy, and Resources, and reports on the activities of the committee. All persons interested in joining the Section or one of its committees should contact the Section of Environment, Energy, and Resources, American Bar Association, 321 N. Clark Street, Chicago, IL 60610.

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June 2008 Issue

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