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Weekly Cases Update Volume 44, Issue 4

New York v. Solvent Chemical Co.

44 ELR 20020
13-132(L) (2d Cir., February 2014)

The Second Circuit affirmed in part, and vacated and remanded in part, a lower court's allocation of contribution costs in connection with the remediation of two Niagara Falls, New York, properties. Below, the lower court held a chemical manufacturer liable to a solvent company for contribution...

Allocation

Bitler Investments II, LLC v. Marathon Petroleum Co.

44 ELR 20022
12-3722 (7th Cir., January 2014)

The Seventh Circuit held that a lower court should have awarded a real estate firm double damages for harm caused by an oil company during its attempt to clean up pollution at gas stations in Michigan the firm leased to it. The firm filed a breach of contract claim and a waste claim for eight...

Hazardous, Hazardous wastes & substances

United States v. Akron, City of

44 ELR 20019
5:09CV272 (N.D. Ohio, January 2014)

A district court approved a consent decree in the U.S. government's case against a city for combined sewer overflow and NPDES permit violations. The court had previously noted that the biggest impediment to the approval of the proposed consent decree was the parties’ inability to clearly and...

Consent decrees

Center for Biological Diversity v. California Department of Conservation

44 ELR 20021
RG12652054 (Cal. Super. Ct., January 2014)

A California court dismissed environmental groups' lawsuit against the California Department of Conservation, Division Oil, Gas and Geothermal Resources (DOGGR) for failing to comply with the California Environmental Quality Act in issuing permits for oil and gas wells that involve hydraulic...

Energy (generally), Environmental Assessment/Impact Statement, Held moot