Weekly Cases Update Volume 41, Issue 9

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 41, Issue 20

ELR 20232 JFM-97-558, -559, 41(D. Md., )

A district court held that under a 1997 consent decree resolving CWA, RCRA, and state-law violations at a steel mill, the current owner is not liable for remediating any discharges that occurred prior to its purchase of the mill out of the previous owner's bankruptcy, but that it must conduc

Keywords:
Settlement agreements, Citizen suits, §7002, Citizen suits, §505
ELR 20233JFM-10-2579, 41(D. Md., )

A district court granted in part and denied in part motions to dismiss a shipyard owner's CERCLA, RCRA, and tort law claims against the current owner of a steel mill. The court denied motions to dismiss the shipyard's CERCLA claims for contribution and response costs.

Keywords:
Contribution, Judicial review, §7006
ELR 2023410-680, 41(Fed. Cl., )

The Federal Claims Court held that the U.S. government need not indemnify developers for remediation costs they incurred complying with state agency orders concerning property formerly used as a military base.

Keywords:
Hazardous, Defense, Department of
ELR 202302008AP3170(Wis., )

The Supreme Court of Wisconsin upheld the state environmental agency's decision to issue a permit to a town for a municipal well.

Keywords:
Wisconsin, Water (generally)
ELR 20229G043709(Cal. App. 4th Dist., )

A California appellate court dismissed a mobile home park owner's complaint challenging a city's environmental impact report (EIR) for a planned railroad grade separation project under the California Environmental Quality Act (CEQA).

Keywords:
Environmental Assessment/Impact Statement, California Environmental Quality Act (CEQA)
ELR 20227B224584(Cal. App. 4th Dist. , )

A California appellate court held that an insurance company has no duty to defend or indemnify a cosmetics company in an underlying action alleging that it violated Proposition 65, the California Safe Drinking Water and Toxic Enforcement Act.

Keywords:
Duty to defend, Proposition 65, Toxic Substances (generally)

You must be an ELR subscriber to access the full content.

You are not logged in. To access this content: