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Foamseal, Inc. v. Dow Chem. Co.

The court holds that contribution bars in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) settlements not involving the United States or a state government are valid. The court first approves a corporation's settlements with a group of settling parties. The agreements ...

Carson Harbor Village, Ltd. v. Unocal Corp.

The court dismisses a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Federal Water Pollution Control Act (FWPCA), and state common-law claims against prior owners of the property and a state agency for r...

Costner v. URS Consultants, Inc.

The court affirms in part and reverses in part a district court decision holding that environmental groups could bring False Claims Act (FCA) claims against contractors at a Superfund site in Arkansas. In a qui tam action brought on behalf of the United States, environmental groups allege that the c...

Centerior Serv. Co. v. Acme Scrap Iron & Metal Corp.

The court holds that potentially responsible parties (PRPs) compelled to initiate a hazardous waste site cleanup are precluded from joint and several cost recovery from other PRPs under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a), and, thus, are limited to...

Grand Canyon Air Tour Coalition v. Federal Aviation Admin.

The court upholds a Federal Aviation Administration (FAA) rule that was promulgated pursuant to the Overflights Act and designed to reduce aircraft noise from sight-seeing tours in the Grand Canyon National Park. The Act required the Secretary of the Interior, via the National Park Service (NPS), to...

Automated Salvage Transp., Inc. v. Wheelabrator Envtl. Sys., Inc.

The court holds that a settlement agreement between a state solid waste authority and a private waste disposal company does not violate the Sherman Act or the federal Commerce Clause. The agreement requires both the state authority and the company to respect one another's municipal contracts by reje...

Carter-Jones Lumber Co. v. Dixie Distrib. Co.

The court holds a company and its president liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for arranging for the disposal of hazardous waste. Through several transactions, the company and its president sold transformers containing polychlorinated biph...

Driscoll v. Adams

The court holds a landowner liable under the Federal Water Pollution Control Act (FWPCA) for discharging polluted stormwater without a permit into a stream on his property that flows into ponds on his neighbors' property. The discharges occurred when the landowner was harvesting timber and developin...

Canadyne-Georgia Corp. v. NationsBank, N.A.

The court reverses a district court order that dismissed a property owner's Comprehensive Environmental Response. Compensation, and Liability Act (CERCLA) and Georgia Hazardous Site Response Act contribution claims against a bank for failure to state a claim. The bank served as a trustee of a trust ...

Freeman v. Glaxo Wellcome, Inc.

The court holds that a pharmaceutical company that sold unused chemicals to a vitamin manufacturing facility is not a party liable for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first finds that the definition of "disposal" contai...