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Weekly Cases Update Volume 47, Issue 17

In re Taylor

47 ELR 20077
No. 15-02730-5 (Bankr. E.D.N.C., May 2017)

A federal bankruptcy court issued a supplementary opinion to clarify its prior ruling that environmental groups' claims for declaratory and injunctive relief under the CWA and RCRA would not be "debts" as defined by the Bankruptcy Code. The case arose after environmental groups filed a CWA and...

Bankruptcy, Citizen suits, §7002, Citizen suits, §505

Cincinnati Insurance Co. v. Roy's Plumbing, Inc.

47 ELR 20076
No. 16-2511 (2d Cir., May 2017)

The Second Circuit, in a summary order, affirmed a lower court decision that an insurance company has no duty to defend a plumbing company in an underlying state suit related to chemical contamination at Love Canal near Niagara Falls, New York. The allegations in the state action fall within the...

Contaminated Sites/Brownfields, Held inapplicable in, Toxic Substances (generally)

United States v. Federal Resources Corp.

47 ELR 20075
No. 15-35192 (9th Cir., May 2017)

The Ninth Circuit, in an unpublished opinion, held that the United States is not liable under CERCLA for hazardous waste contamination at a former mine site in Idaho. A district court held the owners of the site liable for EPA's and the U.S. Forest Service's cleanup costs at the site, and the...