Despite the absence of a concise environmental regulatory framework with respect to soil and groundwater contamination in India, progress in protecting the environment has been made through application and expansion of existing environmental laws, use of proactive concepts including the polluter pays principle and the precautionary principle, and aggressive use of public interest litigation (PIL).
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A global oil and gas company was found liable for soil and ground water contamination associated with historic drilling operations that impacted Ecuador’s northern jungle. The company was ordered to pay US$ 8.6 billion in remediation and restoration costs. The amount was far below the $27.3 billion recommended by a court-appointed expert. Plaintiffs allege that their hunting and fishing grounds near the headwaters of the Amazon River were contaminated by toxic wastewater […]

Environmental lawyers and consultants are now grappling with how to advise clients about CERCLA liability since the U.S. Supreme Court issued its ruling in Burlington Northern and Santa Fe Railway Company, et al. v. United States in May 2009. The two-part decision addressed, among other things, whether the owners of a portion of a contaminated site could be held jointly and severally liable for the cleanup costs of the entire site.