A district court held that a settlement agreement bars a mining corporation from seeking contribution from a railroad company under CERCLA for environmental liability related to the Omaha Lead Superfund site in Omaha, Nebraska. Both parties owned the site at different times between 1871 and 1997. It...

The Fourth Circuit held that the discovery rule set forth in CERCLA §309 preempts North Carolina's 10-year limitation on the accrual of real property claims. The case arose after landowners filed a nuisance action against a corporation for allegedly contaminating their well water with concentrated ...

The D.C. Circuit vacated an EPA rule that deferred regulation of biogenic carbon dioxide—non-fossil-fuel carbon dioxide sources such as ethanol—for three years. Although the "Deferral Rule" is a temporary regulation, it functions, in effect, as a permanent exemption from the PSD permitting requi...

The First Circuit vacated and remanded a lower court decision dismissing a recycling company's lawsuit that disposable food container manufacturers and two trade associations refused in concert to deal with the company in a closed-loop recycling business method for polystyrene food service products....

A district court held, in an unpublished opinion, that a company that sold its facility, including equipment that contained asbestos dust and waste, may not be held liable as an owner or operator or as an arranger under CERCLA. Nearly 20 years after the company sold the site, the new owner abandoned...

A district court dismissed environmental groups' claims that BLM failed to adequately consider climate change, global warming, and greenhouse gases (GHGs) in violation of NEPA before it approved oil and gas leases on federal land in Montana in 2008 and 2010. The groups argued that BLM's failure to f...