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Johnson v. James Langley Operating Co.

The court reverses and remands a district court decision that landowners who sued oil companies in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit did not incur response costs in acting to contain a proven release of hazardous substances. The court fist holds th...

Nutrasweet Co. v. X-L Eng'g Corp.

The court upholds a district court decision finding the neighbor of a food manufacturing facility 100% liable under the Comprehensive Environmental Response, Compensation, and Liability Act for contaminating the facility's property. The court first holds that no genuine issue existed as to whether t...

Black Horse Lane Assocs. v. Dow Chem. Corp.

The court affirms a district court order that dismissed a current property owner's contracts, implied covenant of good faith, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against the previous owner. Before selling the property to the current owner in 1985...

Kalamazoo River Study Group v. Menasha Corp.

The court reverses a district court decision granting summary judgment in favor of two corporations in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action brought by a paper manufacturers' association seeking contribution for costs incurred in the investigation an...

El Pueblo Para el Aire y Agua Limpio v. Kings, County of

The court rules that the final environmental impact report that resulted in issuance of a conditional use permit for the construction and operation of a hazardous waste incinerator at the Kettleman Hills site in Kings County, California, was inadequate as an informational document under the Californ...

Earth Island Inst. v. Christopher

The court holds unconstitutional the requirement in §609(a) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Appropriations Act of 1990 that the executive branch initiate discussions with foreign nations to develop treaties to protect sea turtles, and holds that the Co...

Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. Co.

The court holds that a tank truck company is not entitled to summary judgment on claims against its insurers for indemnification of costs resulting from a government action against it under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) with respect to soil and gr...

CPC Int'l, Inc. v. Aerojet-General Corp.

Applying Michigan law to an insurance dispute, the court adopts the doctrines of known-risk and loss-in-progress, and denies coverage because the insured's environmental director knew or reasonably should have known of a substantial probability of a loss caused by groundwater contamination at the si...

HM Holdings, Inc. v. Rankin

The court holds that the presence of hazardous waste on industrial property that a company sold to an individual does not breach any express or implied warranties. The court first finds that the purchase and sale agreement contains no express warranties as to the condition of the property, and a rid...

Employers Ins. of Wausau v. United States

The court holds that the discretionary function exception to the Federal Tort Claims Act (FTCA) bars an insurer's claim that U.S. Environmental Protection Agency (EPA) officials acted tortiously in ordering the insurer to clean up a site under the Comprehensive Environmental Response, Compensation, ...