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PCS Phosphate Co. v. American Home Assurance Co.

A district court held that an insurer has no duty to defend or indemnify a company in two underlying actions seeking contribution for past and future costs incurred at a PCB-contaminated site. The company had sent transformers to the site for repair, during which PCBs were released. The company was ...

Asarco, LLC v. Atlantic Richfield Co.

The Supreme Court of Montana upheld a lower court decision dismissing a smelting company's state-law claims against an oil refinery in connection with costs incurred remediating a former lead smelting site in East Helena, Montana. The refinery sold the site to the smelting company in 1972. Under the...

Department of Toxic Substances Control v. Technichem, Inc.

A district court held on motions for summary judgment that a hazardous waste management company should be held liable under CERCLA for PCE contamination, but that material issues of disputed fact preclude a finding that an employee should be liable as an "operator." The testimony of the company's ex...

Anthony Wayne Corp. v. Elco Fastening Systems, LLC

A district court, on motions for summary judgment, dismissed all but one of a property owner's environmental, waste, and breach of lease claims against various manufacturing companies that leased the site. The owner has been leasing the property since 1972, but it has largely been an absentee landlo...

Krause v. Omaha, City of

The Eighth Circuit, in an unpublished opinion, upheld the dismissal of an individual's RCRA lawsuit against a city for using road salt to melt snow and ice on a street located within a flood plain. Because the road salt was released into the environment as an expected consequence of its intended use...

New York v. Next Millennium Realty, LLC

A district court held that New York may seek response costs and natural resource damages under CERCLA in connection with a contaminated industrial site in Long Island, a portion of which was listed on the NPL in 2011. The state's past response actions at the site were consistent with the national co...

Land O'Lakes, Inc. v. United States

A district court dismissed a company's declaratory judgment action concerning its liability for cleanup costs that EPA incurred at the Hudson Oil Refinery Superfund site in Cushing, Oklahoma. The company owned and operated the site from 1943 to 1977, when it sold the refinery to the current owner. I...

Garrett Day, LLC v. International Paper Co.

A district court held that the owner of a contaminated property that was once the site of a paper mill may not seek response costs from a company that had purchased the assets of the prior owner of the mill. The owner argued that the company was liable under CERCLA under a de facto merger theory of ...

Northern Illinois Gas Co. v. City of Evanston

A district court dismissed a city's RCRA action against two power and gas companies concerning a methane gas leak from natural gas pipelines and waste oil contamination from a former manufacturing gas plant. Because methane gas does not meet the definition of "solid waste" under RCRA, the city canno...

Tronox, Inc. v. Anadarko Petroleum Corp.

A district court held that a 2014 settlement agreement between a spinoff company, the U.S. government, an energy company, and its parent bars over 4,300 individuals from bringing Pennsylvania tort claims arising from the operation of a wood treatment plant formerly owned and operated by the spinoff'...