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Weekly Cases Update Volume 41, Issue 15

Haddonbrook Associates v. General Electric Co.

41 ELR 20177
No. 10-1744 (3d Cir., May 2011)

The Third Circuit held that a property owner's nuisance, negligence, and strict liability claims against a neighboring landfill are not continuing torts and, thus, are barred by...

Negligence, Strict liability

NEC Holdings Corp. v. Linde LLC

41 ELR 20185
No. 10-11890 (Bankr. D. Del., May 2011)

A bankruptcy court held that a property owner's CERCLA and state environmental law claims against the prior property owner are not "core" claims and, thus, fall outside the...

Bankruptcy

In re Delta Smelt Consolidated Cases

41 ELR 20179
Nos. 1:09-cv-00407 OWW DLB et al. (E.D. Cal., May 2011)

A district court, on a motion to amend judgment, extended the FWS' deadline for completing its biological opinion (BiOp) for the threatened delta smelt as well as the Bureau...

Biological opinion, §7(b)

Oil Re-Refining Co. v. Pacific Recycling, Inc.

41 ELR 20181
No. 11-6042-HO (D. Or., May 2011)

A district court dismissed an oil refiner's CERCLA action against a recycling company for costs it incurred responding to PCB contamination allegedly resulting from used oil...

"Release" construed

Ridge Seneca Plaza, LLC v. BP Products North America

41 ELR 20182
No. 06-CV-6333 (W.D.N.Y. , May 2011)

A district court dismissed a property owner's negligence and mutual mistake claims against the former owner, as well as its request to rescind the purchase agreement, due to...

Duty to disclose