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Alec L. v. Perciasepe

A district court denied a motion to reconsider its earlier dismissal of a lawsuit seeking declaratory and injunctive relief based on the federal government's alleged failure to reduce greenhouse gas emissions. Plaintiffs—five teenage citizens and two environmental groups—argued that each of the ...

Comer v. Murphy Oil USA, Inc.

The Fifth Circuit affirmed a lower court decision that the doctrine of res judicata bars individuals' trespass, nuisance, and negligence claims against numerous oil, coal, electric, and chemical companies for damages stemming from Hurricane Katrina. The individuals asserted that the companies' activ...

Duke Energy Progress, Inc. v. Alcan Aluminum Corp.

A district court denied an electric company's motion for reconsideration of a previous ruling that genuine issues of material fact preclude a finding of summary judgment in a contribution case concerning the Ward Transformer Superfund site. The court had issued two orders concerning the site—one i...

Stratford Holding, LLC v. Fog Cap Retail Investors LLC

The Eleventh Circuit, in an unpublished opinion, reversed and remanded a lower court decision dismissing a company's cost recovery action under CERCLA for failure to state a claim. The lower court granted the motion to dismiss upon a finding that a "no-listing letter" from the Georgia Environmental ...

PCS Nitrogen Inc. v. Ashley II of Charleston LLC

The Fourth Circuit affirmed a lower court decision allocating response costs to various PRPs in connection with the cleanup of hazardous substances at a former fertilizer manufacturing site in Charleston, South Carolina. After incurring response costs, the current owner of a portion of the site brou...