Duke Energy Progress, Inc. v. Alcan Aluminum Corp.
A district court denied an electric company's motion for reconsideration of a previous ruling that genuine issues of material fact preclude a finding of summary judgment in a contribution case concerning the Ward Transformer Superfund site. The court had issued two orders concerning the site—one i...
Stratford Holding, LLC v. Fog Cap Retail Investors LLC
The Eleventh Circuit, in an unpublished opinion, reversed and remanded a lower court decision dismissing a company's cost recovery action under CERCLA for failure to state a claim. The lower court granted the motion to dismiss upon a finding that a "no-listing letter" from the Georgia Environmental ...
PCS Nitrogen Inc. v. Ashley II of Charleston LLC
The Fourth Circuit affirmed a lower court decision allocating response costs to various PRPs in connection with the cleanup of hazardous substances at a former fertilizer manufacturing site in Charleston, South Carolina. After incurring response costs, the current owner of a portion of the site brou...
Ed Niemi Oil Co. v. Exxon Mobil Corp.
A district court held that genuine issues of material fact preclude a grant of summary judgment in a petroleum distributor's contribution claim against an oil company for costs incurred cleaning up hazardous substance contamination at a gas station and bulk petroleum storage plant formerly leased by...
Asarco LLC v. NL Industries, Inc.
A district court stayed a bankrupt mining company's contribution claims against various defendants for response costs and natural resource damages incurred in connection with the Tri-States Mining District until the amount of total liabilities are determined. The Tri-States area, where lead and zinc...
Chubb Custom Insurance Co. v. Space Systems/Loral, Inc.
The Ninth Circuit upheld the dismissal of an insurance company's subrogation suit for recovery of insurance payments made to its insured for environmental response costs the insured incurred cleaning up pollutants released on its property. The company claimed that the defendants should be held joint...