Category Archives: Expert Opinion

Injunctions In RCRA Citizen Suits — Broad, But Not Infinite

Two recent cases illustrate the potential scope of, and the potential limitations on, injunctive relief in RCRA citizen suits.  First up, Schmucker v. Johnson Controls.

Contamination was detected at the Johnson Controls manufacturing facility in Goshen, Indiana.  In response, Johnson Controls performed substantial remediation under the auspices of the Indiana Department of Environmental Management’s Voluntary Remediation Program.  Nonetheless, significant contamination remains at the site,… More

A Dangerous Product Does Not Necessarily Have A Design Defect

When the Town of Lexington detected PCBs PCB moleculein building caulk and then in indoor air in an elementary school built in 1960-61, it sued Pharmacia, alleging that Pharmacia sold a product – PCBs – with a design defect.  In alleging the design defect, Lexington largely relied on the decision to ban the sale of PCBs, and the extensive regulation of PCBs under TSCA.  Judge Denise Casper of the District of Massachusetts concluded that this was not enough and she granted Pharmacia’s motion for summary judgment. … More

Proof and Causation Matter: District Court Declines to Penalize ExxonMobil in Texas Citizen Suit

On Wednesday, Judge David Hittner, of the District Court for the Southern District of Texas, in a decision long enough to require two separate pdfs, declined to impose an injunction or penalties (plaintiffs sought $642,697,500) against ExxonMobil in a Clean Air Act citizens’ suit brought by Environment Texas and the Sierra Club concerning the ExxonMobil facility in Baytown, Texas. baytown-night-lights_supporting_image (1) The plaintiffs lost even though Judge Hittner did find a number of violations of the CAA. … More

Differentiating Between Junk Science and Admissible Expert Opinion in Pennsylvania

In environmental personal injury cases, proof of causation is key and that causation almost always hinges on expert opinion.  A recent appellate decision in Pennsylvania in Snizavich v. Rohm and Haas Company provides useful clarification about the line between junk science and admissible expert opinion.

In Snizavich, the wife of a deceased worker at a chemical plant alleged that her husband had died because exposure to hazardous chemicals in the workplace had precipitated  his brain cancer. … More