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South Dakota v. Yankton Sioux Tribe

The Court holds that a landfill constructed on land ceded from the Yankton Sioux Reservation in South Dakota by an 1894 Act that diminished the boundaries of the reservation is not subject to federal environmental regulation. The Court first holds that the 1894 Act—a negotiated agreement providing...

National Audubon Soc'y v. Hoffman

The court holds that a U.S. Forest Service proposal for a logging project and road extension in the Green Mountain National Forest in Vermont violated the National Environmental Policy Act (NEPA), but not the National Forest Management Act (NFMA). The court first holds that neither the district cour...

New York v. Solvent Chem. Co.

The court holds that future Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution actions by settling private defendants against private nonsettlors at a New York Superfund site will be governed by the Uniform Comparative Fault Act (UCFA) and CERCLA §113(f)(1),...

Oyster Bay, Town of v. Occidental Chem. Corp.

The court holds several corporations liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs associated with a New York landfill. The court first holds that by introducing competent proof that three of the defendant target corporations dispo...

Kalamazoo River Study Group v. Rockwell Int'l Corp.

The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 cost recovery actions are not available to potentially responsible parties (PRPs) and that divisibility of harm is not a defense to §113 contribution claims. The court first holds that CERCLA d...

Sal Tinnerello & Sons, Inc. v. Stonington, Town of

The court affirms a district court's denial of a waste hauling company's motion to enjoin a town from enforcing a local ordinance that provides for a municipal takeover of solid waste collection. The court first holds that the waste hauler is not likely to succeed on the merits of its claim that the...

United States v. Bestfoods

The U.S. Supreme Court holds that a parent corporation that actively participated in, and exercised control over, the operations of a subsidiary may not be held liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an operator of a polluting facility owne...

Pneumo Abex Corp. v. High Point, Thomasville & Denton R.R.

The court holds that railroad companies that sold used wheel bearings to a railroad parts foundry for conversion to new wheel bearings are not liable as arrangers under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107. The court first holds that the railroad compa...

Truck Components Inc. v. Beatrice Co.

The court holds that a Wisconsin ironworks company cannot sue its former parent corporation for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cleanup costs resulting from actions the ironworks company took when it was a subsidiary of the corporation. When the parent ...

In re Tutu Wells Contamination Litig.

The court holds that summary judgment cannot be granted on the issue of corporate officers' Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) liability, but a successor corporation may be held liable under CERCLA. After a U.S. Virgin Islands clothing manufacturer dissol...