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Bartlett v. Honeywell International Inc.

The Second Circuit affirmed a lower court decision that CERCLA preempts state tort law claims brought by residents living near the Onondaga Lake Superfund site. The owner of the site undertook remedial action pursuant to a federal consent decree. The residents argued, on a state tort law theory, tha...

Genuine Parts Co. v. Environmental Protection Agency

The D.C. Circuit vacated EPA's placement of the West Vermont Drinking Water Contamination site, a site of groundwater contamination beneath Indianapolis, Indiana, on the NPL. EPA used the hazard ranking system (HRS) to determine whether listing was appropriate. As part of that process, EPA assessed ...

Sharpsmart v. Smith

The Ninth Circuit upheld a preliminary injunction enjoining California Department of Public Health officials from enforcing the California Medical Waste Management Act (MWMA) against a medical waste facility with regard to how it disposes of medical waste at facilities outside the state. The facilit...

California Dep't of Toxic Substances Control v. Westside Delivery, LLC

The Ninth Circuit held that a property owner who purchased the site at a tax sale is not entitled to CERCLA's third-party defense to liability for cleanup costs. The purchaser had a "contractual relationship" with the prior owner by virtue of the tax sale. Given the breadth of CERCLA's definition of...

PennEnvironment v. PPG Industries, Inc.

A district court held that a company is liable under RCRA for soil and water contamination at a former solid waste disposal area it used and operated in Armstrong County, Pennsylvania. Environmental groups filed motions for partial summary judgment against the company, claiming it was liable because...