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Weekly Cases Update Volume 45, Issue 5

Decker Manufacturing Corp. v. Travelers Indemnity Co.

45 ELR 20032
1:13-CV-820 (W.D. Mich., February 2015)

A district court held that an insurance company must defend and indemnify a manufacturing company for its costs responding to contamination at a landfill. The insurer argued that the policy's pollution exclusion clause barred coverage because the company intentionally discharged its waste into...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA), Held not to bar

Kentucky Coal Ass'n v. Tennessee Valley Authority

45 ELR 20030
4:14CV-00073-JHM (W.D. Ky., February 2015)

A district court held that TVA did not violate NEPA when it decided to replace two coal-fired power generators with a natural gas-fueled power generating plant. TVA was replacing the generators to comply with mercury and air toxics standards. It issued an EA and FONSI for the project, and a coal...

Held not required for

Cyprus Amax Minerals Co. v. TCI Pacific Communications, Inc.

45 ELR 20033
11-CV-0252 (N.D. Okla., February 2015)

A district court held that a corporation may be held liable under CERCLA for contamination stemming from smelting operations in the early 1900s by a subsidiary of the corporation's predecessor. Considering the totality of the circumstances, the smelting company was the alter ego of the...

Contribution, Corporations, Successor corporations

Pennsylvania Department of Environmental Protection v. Lockheed Martin Corp.

45 ELR 20029
1:09-CV-0821 (M.D. Pa., January 2015)

A district court held that CERCLA §113(f)(2) does not afford the U.S. government protection from contribution claims brought by a third-party PRP in a case involving cleanup costs incurred at the Quehanna Wild Area Nuclear Site in Pennsylvania. The U.S. government entered into a settlement...

Claims not barred

Defenders of Wildlife v. Jewell

45 ELR 20031
3:13-cv-698-PLR-CCS (E.D. Tenn., January 2015)

A district court held that environmental groups may go forward with their ESA lawsuit challenging OSM's issuance of SMCRA permits for two surface coal mines. The groups alleged that OSM failed to adequately consider how wastewater discharges from the mines would impact the Cumberland darter and...

Permits, §506, Federal actions, §7