A Washington State appellate court held that the state Department of Natural Resources (DNR) can be held liable as an "owner or operator" under the state Model Toxic Control Act (MTCA) at the Port Gamble Bay and Mill site. The Department of Ecology determined that activities at the site between 1853...

The Tenth Circuit reversed a district court ruling that barred a mining company from pursuing a CERCLA contribution claim for the Lower Silver Creek/Richardson Flat site because of representations it made to a bankruptcy court concerning its settlement agreement with EPA. In 2009, as part of a Chapt...

A district court, on cross-motions for summary judgment, held that a utility company should not be held liable under CERCLA for the release of hazardous substances on two properties owned by an energy company. The energy company brought this action under CERCLA to recover cleanup costs it incurred i...

A district court denied as untimely a newspaper’s motion to intervene in a case involving a 27-year-old CERCLA action. The newspaper claimed it had, under state law, the right to information related to confidential settlement negotiations that took place between the U.S. government and a mining co...

The D.C. Circuit dismissed as untimely a U.S. biofuel trade group’s lawsuit challenging EPA's decision to allow a group of Argentine biofuel producers to use certain recordkeeping practices in connection with sales of their product in the United States, and challenging the 2010 rule under which th...