Warren v. Matthey, Inc.
A district court dismissed homeowners' CERCLA, RCRA, and state-law claims against the former owners and operators of a manufacturing plant for alleged well-water contamination. The court dismissed the CERCLA claims because the homeowners failed to allege that they incurred any recoverable response c...
Brockway Borough Municipal Authority v. Department of Environmental Protection
A Pennsylvania court upheld an environmental hearing board order dismissing a municipal authority's challenge to a gas drilling permit that the Department of Environmental Protection issued to an oil and gas exploration company. The authority argued that the permitted drilling will result in violati...
Sierra Club v. Village of Painted Post
A New York appellate court upheld a lower court decision invalidating a water sales agreement that would have allowed a town to sell approximately one million gallons per day from its water supply to an energy company for drilling and hydraulic fracturing in Pennsylvania. Despite the town's conclusi...
John Sexton Sand & Gravel Corp. v. National Union Fire Insurance Co.
A district court held that an insurance company need not defend the owner of a landfill in an underlying CERCLA suit for recovery costs. The policy provided coverage for "wrongful entry," and the owner argued this provision applied because the underlying complaint alleges that odors, gas, and hazard...