The Federal Circuit affirmed in part and reversed in part a lower court's award of over $10.5 million in damages to Kansas electric companies stemming from the U.S. government's partial breach of its contract for the disposal of spent nuclear fuel. In determining the amount of damages, the trial cou...

A district court held that a paper company that sold "broke," a byproduct of its manufacturing process, to paper recyclers was not an arranger under CERCLA for PCB contamination in a river. The company lacked knowledge that broke could be hazardous; it invested money and labor in treating, sorting, ...

A district court dismissed a landfill owner's RCRA action in which it sought an injunction requiring the former owner to perform certain remedial and investigative actions at the site. EPA issued the former owner a RCRA cleanup order and permit in 1998. In 2002, the current owner purchased the site ...