A team of Schiff Hardin attorneys compiled “Recent Developments in Toxic Torts and Environmental Law” for the Tort Trial & Insurance Practice Law Journal originally published in the winter of 2016 (Vol. 51-2) on the evolving landscape of the environmental and toxic tort areas of law. Toxic tort-related topics covered by this article include the growing judicial rejection of the “any exposure” causation theory, heightened party disclosure rules in asbestos litigation, and federal preemption of the Engle Phase I jury findings.

In addition, this article addresses key developments in the interpretation of major environmental statutes, including the Clean Air Act; Clean Water Act; Resource Conservation and Recovery Act; and Comprehensive Environmental Response, Compensation, and Liability Act.

© American Bar Association 2016. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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Photo of J. Michael Showalter J. Michael Showalter

Mike is a problem-solver whose practice focuses primarily on resolving high-stakes environmental disputes that are legally novel or technically complex.

He is well-versed in decades-old statutes and regulations that govern rapidly-evolving areas issues such as fracking, superfund remediation and carbon capture sequestration. Mike’s…

Mike is a problem-solver whose practice focuses primarily on resolving high-stakes environmental disputes that are legally novel or technically complex.

He is well-versed in decades-old statutes and regulations that govern rapidly-evolving areas issues such as fracking, superfund remediation and carbon capture sequestration. Mike’s mission is to cut through confusion and explain his clients’ needs to decision makers in terms they can easily digest.

Photo of Amy Antoniolli Amy Antoniolli

Amy Antoniolli is an environmental lawyer with broad experience in administrative and enforcement-related issues. She advises clients on compliance with the Clean Air Act, Clean Water Act, RCRA, CERCLA, and the Illinois Environmental Protection Act. She also works on property remediation projects pursued…

Amy Antoniolli is an environmental lawyer with broad experience in administrative and enforcement-related issues. She advises clients on compliance with the Clean Air Act, Clean Water Act, RCRA, CERCLA, and the Illinois Environmental Protection Act. She also works on property remediation projects pursued under state and federal cleanup programs. She advises renewable energy clients as well, reviewing siting and operating requirements for wind and waste to energy facilities.

Photo of Katia Asche Katia Asche

Katia Asche enjoys finding creative solutions to clients’ legal challenges. She closely follows the ever-changing landscape of product liability and general litigation, focusing her practice on consumer and industrial product liability defense.

Photo of Alex Garel-Frantzen Alex Garel-Frantzen

Alex Garel-Frantzen loves tackling complex environmental issues. He counsels companies to ensure compliance with federal, state, and local laws; litigates land and water issues; and conducts environmental due diligence to support corporate transactions. He represents a variety of businesses, including electric power utilities…

Alex Garel-Frantzen loves tackling complex environmental issues. He counsels companies to ensure compliance with federal, state, and local laws; litigates land and water issues; and conducts environmental due diligence to support corporate transactions. He represents a variety of businesses, including electric power utilities; gas transmission, storage and distribution companies; manufacturers; and commercial goods distribution companies.

Photo of Bina Joshi Bina Joshi

Bina Joshi practices environmental law. Bina’s experience includes helping clients with all aspects of environmental litigation matters including issues arising under the Clean Air Act, CERCLA and related state laws. She regularly helps clients with compliance matters, both in dealing with compliance issues…

Bina Joshi practices environmental law. Bina’s experience includes helping clients with all aspects of environmental litigation matters including issues arising under the Clean Air Act, CERCLA and related state laws. She regularly helps clients with compliance matters, both in dealing with compliance issues as they arise, and helping to develop compliance programs and engage in future compliance planning. Her experience also includes representing clients in remediation matters under state and federal remediation programs. Additionally, Bina regularly helps clients respond to government requests for information, including under Section 114 of the Clean Air Act and Section 104(e) of CERCLA.

Photo of David M. Loring David M. Loring

David M. Loring concentrates his practice in all areas of environmental law. He has counseled and represented electric generating and large industrial clients on a variety of federal, state and administrative litigation and regulatory matters.

Photo of Robert A.H. Middleton Robert A.H. Middleton

Robert is a litigator whose diverse practice spans both the General Litigation and Environmental Groups. He assists clients on a wide variety of litigation matters including contract disputes, white collar investigations, intellectual property infringements, and insurance litigation. Robert has also worked on environmental…

Robert is a litigator whose diverse practice spans both the General Litigation and Environmental Groups. He assists clients on a wide variety of litigation matters including contract disputes, white collar investigations, intellectual property infringements, and insurance litigation. Robert has also worked on environmental disputes under RCRA, CERCLA, the Clean Water Act, and the Clean Air Act.

Photo of Ashley L. Thompson Ashley L. Thompson

Ashley is an environmental lawyer with a comprehensive practice spanning litigation, regulatory, and transactional matters. Her litigation experience includes complex matters under the federal Comprehensive Environmental Response, Compensation, and Liability Act and its state counterparts.