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Citizens Development Corp., Inc. v. San Diego, County of

A district court held that cow manure can be a hazardous substance under CERCLA. A citizen group sued a dairy farm for its part in contaminating Lake San Marcos. The dairy farm moved for judgment on the pleadings on the grounds that no actionable hazardous release was claimed. The court held that CE...

Islip, Town of v. Datre

A district court held that defendants responsible for dumping hazardous waste in a town park were not liable under CERCLA because they did not know of the hazardous nature of the material dumped. In 2013, a church pastor requested permission to replace and seed the topsoil of one of the park's socce...

United States v. Gibson Wine Co.

A district court denied a winery's motion to strike claims by EPA under CERCLA, the CAA, and other statutes in connection with a release of ammonia that claimed the life of one worker. In 2012, the winery experienced a 284-pound release of anhydrous ammonia from its refrigeration system. A cloud of ...

Colony Ins. Co. v. Victory Constr. LLC

A district court ruled that an insurance company owes no coverage for injuries from a carbon monoxide leak. A construction company allegedly negligently installed ventilation for a natural gas pool heater and failed to warn against the risks of carbon monoxide poisoning if the vents were not properl...

Colony Ins. Co. v. Victory Constr. LLC

A district court ruled that an insurance company owes no coverage for injuries from a carbon monoxide leak. A construction company allegedly negligently installed ventilation for a natural gas pool heater and failed to warn against the risks of carbon monoxide poisoning if the vents were not properl...

Virginia Electric and Power Co. v. Bransen Energy, Inc.

The Fourth Circuit upheld over $22 million in damages that an energy company was ordered to pay to a Virginia utility because the coal supplied to a new power plant was of such poor quality it couldn't initially be used. When the plant was commissioned, the utility entered into an option contract to...