A district court dismissed a property owner's contribution action against a railroad company for failure to state a claim. The property owner failed to allege any facts that explain why the company is liable for a portion of the site cleanup. It failed to explain how the company came to be invol...

The Second Circuit held that a lower court should have granted a chemical manufacturer's request for declaratory judgment against adjoining property owners under CERCLA for future costs it will incur cleaning up industrial pollution. The manufacturer sued the two adjoining property owners for c...

A district court held that Washington state must establish reasonably available control technology (RACT) for greenhouse gas emissions. Based on its plain language, the RACT provision contained in Washington's federally approved SIP is not discretionary and requires the state's agencies to estab...

A California court held that the California Air Resources Board's "functional equivalent document" and scoping plan to reduce greenhouse gases as it relates to cap and trade complies with the California Environmental Quality Act. The court therefore lifted its May 20, 2011, peremptory writ of man...

A district court held that the state of Washington is not liable as an arranger under CERCLA for hazardous waste contamination stemming from mining operations on state lands. The state entered into mining contracts with a Canadian mining company that allowed the company to excavate and remove metal-...

A district court dismissed property owners' CERCLA, tort, and state-law claims against a power company for alleged PCB contamination. A former employee of the company lived at the property before it was sold to the current owners. While working for the company, the employee removed PCB-containing ca...

A district court granted in part and denied in part the government's motion to dismiss a company's action for damages and declaratory relief in connection with dioxin contamination at the Centredale Manor Superfund site in Connecticut. The government argued that the company could not bring a CERCLA ...