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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...

NL Indus., Inc. v. State

The New Jersey Supreme Court held that the state hazardous waste spill law, which waives state immunity for hazardous waste suits, does not apply to spills that predate the law. In 1968, a development corporation built a seawall on state-owned land. In 2007, the state environmental department detect...

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...

Neodesha, City of v. BP Corp. N. Am. Inc.

A district court held it had no authority to impose municipal penalties in a case involving a Kansas city's groundwater contamination claims against an oil company. The city sued the oil company in federal court for allowing benzene and other volatile organic compounds to accumulate at its propertie...

Wayne Land and Mineral Group, LLC v. Delaware River Basin Comm'n

A district court upheld the Delaware River Basin Commission's fracking ban against a challenge from a energy company. Upon the Commission's creation, it was codified that no project that had a substantial effect on the water resources of the basin would be undertaken without the Commission's approva...

Martinez v. Colorado Oil and Gas Conservation Comm'n

The Colorado Court of Appeals ruled against the state Oil and Gas Commission's narrow interpretation of its authority to readjust the balance of state oil and gas conservation regulations between the development of oil and gas resources and protection of public health, safety, and welfare. In Novemb...

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 ...