Environmental Law Commons^™

Elevated Pleading In Environmental Litigation, Carl W. Tobias

Law Faculty Publications

The recent United States Supreme Court opinion in Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit is critical to parties and attorneys who participate in environmental litigation. Leatherman proscribed the imposition of pleading requirements that are stricter than those ordinarily applied under Federal Rule of Civil Procedure 8(a). Such heightened pleading requirements compel plaintiffs to plead more facts, and courts can dismiss claims that fall short of the mark.

The Leatherman court considered civil rights actions alleging that municipalities are liable under 42 U.S.C. § 1983.2 Although Leatherman might seem of limited relevance to environmental lawsuits, its holding and …

Annual Survey Of Virginia Law: Environmental Law, Brian L. Buniva, James R. Kibler Jr.

University of Richmond Law Review

This article addresses selected developments in environmental law occurring between the publication of the 1992 Annual Survey of Virginia Law1 and June 24, 1994. Due to significant federal litigation since publication of the 1992 Survey, this article places primary emphasis on those developments which most significantly affect potential liabilities under state and federal environmental laws. This article addresses developments in the federal and state legislative and regulatory schemes, and case law from Virginia state courts, the United States District Courts for the Eastern and Western Districts of Virginia, the United States Courts of Appeals for the District of Columbia and …