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State v. Wahkiakum County
A Washington State appellate court held that a county ordinance banning the land application of the most common class of biosolids is unconstitutional. The state' s biosolids program was created in 1992 to facilitate and encourage recycling, rather than disposal, of sewage waste, and the state's env...
Tamosaitis v. URS Inc.
The Ninth Circuit reversed a lower court's grant of summary judgment in favor of an energy construction company for whistleblower retaliation against an employee in a case concerning cleanup efforts of nuclear waste at the Hanford Nuclear site in Washington state. The “opt-out” provision of the ...
Tronox, Inc. v. Anadarko Petroleum Co.
A district court approved a $5.15 billion settlement agreement—the largest such recovery in American history—resolving two lawsuits in which a spin-off company and the U.S. government asserted fraudulent transfer and other claims against an energy company and its parent. In 2006, the energy comp...
Shell Gulf of Mexico, Inc. v. Center for Biological Diversity
The Ninth Circuit dismissed an oil company's Declaratory Judgment Act lawsuit against several environmental groups, seeking a declaration that the Bureau of Safety and Environmental Enforcement’s approval of two oil spill response plans under OPA for Alaska’s Beaufort and Chukchi Seas did not vi...
Next Millennium Realty LLC v. Adchem Corp.
A district court, on motions for partial summary judgment, dismissed a property owner's CERCLA claims against a lessee who subleased the property to a dry cleaner, who then allowed perchloroethylene to be released into groundwater. The owner sought contribution from the lessee for past and future en...
Anthony Wayne Corp. v. Elco Industries, Inc.
A district court denied a manufacturing company's motion to dismiss a landowner's state law claims against it for breach of contract and for waste, but granted the company's motion to dismiss the landowner's claims for cleanup costs under CERCLA and state law. Since 1972, the landowner has leased th...
Florida Power Corp. v. First Energy Corp.
The Sixth Circuit held that a Florida utility's lawsuit to recover cleanup costs it has incurred in connection with the release of hazardous substances at two manufactured gas plant sites is time barred under CERCLA. As a former owner of the site, the utility is a PRP even though it did not release ...