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Sacramento Municipal Utility District v. United States
The Federal Circuit held that the United States must pay a California utility $53,159,863 for DOE's failure to accept and dispose of spent nuclear fuel and high-level radioactive waste. Under a standard contract the utility entered into with DOE pursuant to the Nuclear Waste Policy Act, the utility ...
CTS Corp. v. Waldburger
The U.S. Supreme Court held that CERCLA §309 does not preempt a state's statute of repose. The case arose after property owners filed suit against a manufacturing company for alleged groundwater contamination stemming from chemicals stored on property the company sold 24 years ago. The company argu...
Thompson Corners, LLC v. New York State Department of Environmental Conservation
A New York appellate court held that the subsequent owner of property formerly used as a permitted hazardous waste treatment, storage, or disposal (TSD) facility need not provide financial assurance for the ongoing performance of corrective action on the property. Article 27 of New York's Environmen...
Horne v. United States Department of Agriculture
The Ninth Circuit, following a reversal and remand from the U.S. Supreme Court, held that a USDA marketing order under the Agricultural Marketing Agreement Act of 1937 requiring raisin producers to participate in a raisin reserve program does not violate the Fifth Amendment's prohibition against tak...
September 11 Litigation
The Second Circuit upheld a lower court decision dismissing a developer's CERCLA indemnity claim for remediation costs it incurred as the owner of a building contaminated by toxic dust from the September 11, 2001, attack on the World Trade Center. The developer filed suit against the owners and less...
Shell Oil Co. v. United States
The Federal Circuit held that the U.S. government must reimburse four oil companies for CERCLA costs they incurred cleaning up contamination stemming from the production of high-octane aviation gas (avgas) during World War II. The oil companies entered into contracts with the government that promise...
Frey v. Environmental Protection Agency
The Seventh Circuit affirmed a lower court decision dismissing a CERCLA citizen suit challenging remediation work at three landfills in Indiana. The remediation work was divided into three stages. The lower court held that it lacked jurisdiction over the citizens' claims challenging the second and t...