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United States v. NCR Corp.

A district court denied a group of companies' motion for summary judgment challenging the government's remedy for cleaning up PCB contamination in Wisconsin's Fox River. The companies argued that the administrative record is fatally incomplete due to the destruction of certain computer model data an...

United States v. NCR Corp.

The Seventh Circuit upheld a lower court's preliminary injunction compelling a PRP to complete the remediation work concerning PCB contamination at the Fox River in Wisconsin that was scheduled for this year. The PRP has performed a significant amount of cleanup at the site. But in 2011 it decided t...

Appleton Papers Inc. v. George A. Whiting Paper Co.

A district court held that a paper company that sold "broke," a byproduct of its manufacturing process, to paper recyclers was not an arranger under CERCLA for PCB contamination in a river. The company lacked knowledge that broke could be hazardous; it invested money and labor in treating, sorting, ...

Pennsylvania v. Lockheed Martin Corp.

The Third Circuit vacated as moot a lower court decision that dismissed a contractor's third-party complaint against Pennsylvania and the commonwealth's natural resources agency for cleanup costs associated with Quehanna Wild Area Nuclear Site. The contractor argued that the lower court erred by...

Pakootas v. Teck Cominco Metals, Ltd.

A district court held that a Canadian mining company, if found liable under CERCLA, will be subject to joint and several liability for response costs incurred by the state of Washington and a Native American tribe along a portion of the Upper Columbia River. In this case, the harm is the entiret...

Gregory Village Partners, L.P. v. Chevron U.S.A., Inc.

A district court held that a property owner may go forward with its RCRA claims against neighboring property owners for groundwater and soil contamination, but it dismissed the owner's CERCLA claim against a water district that operated a sewer line between the two properties. The owner adequate...

American Alternative Insurance Co. v. Moon Nurseries, Inc.

A district court dismissed an insurance company's CERCLA claim against a tree nursery to recover response costs incurred by firefighters responding to a fire. The fire involved chlorine, a hazardous substance, and the company asserted that its insureds--two fire companies—"removed" and "remediated...

Solutia, Inc. v. McWane, Inc.

The Eleventh Circuit held that parties subject to a consent decree may not file claims for cost recovery under §107(a) of CERCLA and that their remedies are limited to filing claims for contribution under CERCLA §113(f). If a party subject to a consent decree could simply repackage its §113(f...

Oil Re-Refining Co. v. Pacific Recycling, Inc.

A district court dismissed an oil refiner's CERCLA action against a recycling company for costs it incurred responding to PCB contamination allegedly resulting from used oil that was delivered from the company's facility to the refinery. The claim fails because there has been no release or thre...

United States v. General Electric Co.

The First Circuit affirmed a lower court decision holding a manufacturing company liable under CERCLA for response costs EPA incurred at the Fletcher's Paint Works and Storage Facility Superfund site in Milford, New Hampshire. The lower court properly ruled that the company was liable as a...