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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...

Gould Inc. v. A&M Battery & Tire Serv.

The court holds in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 contribution action that plaintiff, the successor-owner/operator of a battery breaking facility, is liable for 75 percent of the cleanup costs and that defendant-battery suppliers are liable for...

Atchison, Topeka & Santa Fe Ry. Co. v. Brown & Bryant, Inc.

The court holds that a company that purchased many of the assets of an agricultural chemical company is not liable as a successor-in-interest for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that state law dictates the p...

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...

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...