Gellert v. Coltec Industries, Inc.
A bankruptcy court denied a company's motion to dismiss a bankruptcy trustee's CERCLA §107 claim against it for response costs incurred by the debtor to EPA, New York, and a manufacturer as a result of the debtor's settlement of their CERCLA claims. The company argued that the trustee cannot recove...
Cyprus Amax Minerals Co. v. CBS Operations, Inc.
A district court held that the bar to transfer of CERCLA liability applies to contribution claims brought between and among third parties, not just the U.S. government. CERCLA §107(e)(1) provides that "no indemnification, hold harmless, or similar agreement or conveyance shall be effective to trans...
Asarco v. NL Industries
A district court denied a mining company's motion to dismiss a smelting company's contribution claim against it for response costs and natural resources damages incurred at an old smelting operation in the Southeast Missouri Mining District. The mining company argued that the smelting company, which...
Aronow v. State
A Minnesota appellate court affirmed a lower court decision dismissing an individual's lawsuit against the state for violating the public trust doctrine with respect to climate change. In his complaint, the individual alleged that the state's commitment to a 15% reduction in Minnesota’s greenhouse...
Native Village of Kivalina v. ExxonMobil Corp.
The Ninth Circuit affirmed a lower court decision dismissing an Eskimo village's nuisance claim against multiple oil, energy, and utility companies for their alleged contribution to climate change. The village claimed that the companies are responsible for a substantial portion of the greenhouse gas...