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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...

Boeing Co. v. Cascade Corp.

The court holds that when a party is liable for pollution response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), it must share them regardless of whether it is the sole cause of the costs. An airplane manufacturer brought a contribution action agains...

Commander Oil Corp. v. Barlo Equip. Corp.

The court reverses a district court decision holding a lessee that subleased property liable as an owner under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that owner liability should not automatically apply to lessees/sublessors. First, s...

Carson Harbor Village, Ltd. v. Unocal Corp.

The court reverses a district court decision dismissing on summary judgment a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim against prior owners of the property, as well as certain governmental entities, to recover the cost of cleaning up conta...

Briggs & Stratton Corp. v. Concrete Sales & Servs., Inc.

The court holds that a nail manufacturer did not own or control the hazardous materials generated by an electroplating company and, thus, is not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an arranger of hazardous waste. The court first holds th...

Donahey v. Bogle

The court holds that the owner of all the stock of the former lessee of a contaminated site is not liable as an operator under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a)(2). The court first holds that the owners' of the contaminated site may not be awarde...

Briggs & Stratton Corp. v. Concrete Sales & Servs., Inc.

The court holds that bus manufacturers were not arrangers under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the treatment or disposal of hazardous substances generated by an electroplating business. The owner and trustees of the site where th...

Cooper Indus., Inc. v. Agway, Inc.

The court holds that a manufacturer is liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for dumping scrap steel and aluminum at a Superfund site. The court also grants another company's motion to certify for interlocutory appeal wheth...

East Bay Mun. Util. Dist. v. Department of Commerce

The court holds that the U.S. government is not liable as an operator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for hazardous waste cleanup costs at an abandoned mine site. The court first holds that CERCLA clearly exposes the federal government to suit...