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Kalamazoo River Study Group v. Rockwell Int'l Corp.

The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 cost recovery actions are not available to potentially responsible parties (PRPs) and that divisibility of harm is not a defense to §113 contribution claims. The court first holds that CERCLA d...

Sal Tinnerello & Sons, Inc. v. Stonington, Town of

The court affirms a district court's denial of a waste hauling company's motion to enjoin a town from enforcing a local ordinance that provides for a municipal takeover of solid waste collection. The court first holds that the waste hauler is not likely to succeed on the merits of its claim that the...

Rosette, Inc. v. United States

The court holds that a greenhouse's geothermal resources ownership claim is time barred by the Quiet Title Act's (the Act's) 12-year statute of limitations. The court first holds that the Quiet Title Act provides the greenhouse's exclusive remedy. The greenhouse may characterize its lawsuit as a dec...

United States v. Keller

The court affirms the denial of landowners' untimely demand for a jury trial on the issue of just compensation in a condemnation proceeding initiated by the United States. The United States was attempting to obtain 42 acres of the landowners' property for the purposes of administering, preserving, a...

Maritrans, Inc. v. United States

The court holds that shipping companies have a Fifth Amendment property interest in their single-hulled oil tankers. The companies brought suit against the United States alleging that their single-hulled tankers were effectively taken by the Oil Pollution Act requirement that all single-hulled vesse...

United States v. Bestfoods

The U.S. Supreme Court holds that a parent corporation that actively participated in, and exercised control over, the operations of a subsidiary may not be held liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an operator of a polluting facility owne...

Axel Johnson, Inc. v. Carroll Carolina Oil Co.

The court holds that a district court lacked jurisdiction to hear a former Superfund site operator's four state-law claims against the site's owner. After entering a consent decree with the U.S. Environmental Protection Agency, the site operator brought a six-count complaint against the site owner. ...

Pneumo Abex Corp. v. High Point, Thomasville & Denton R.R.

The court holds that railroad companies that sold used wheel bearings to a railroad parts foundry for conversion to new wheel bearings are not liable as arrangers under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107. The court first holds that the railroad compa...

Truck Components Inc. v. Beatrice Co.

The court holds that a Wisconsin ironworks company cannot sue its former parent corporation for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cleanup costs resulting from actions the ironworks company took when it was a subsidiary of the corporation. When the parent ...

In re Tutu Wells Contamination Litig.

The court holds that summary judgment cannot be granted on the issue of corporate officers' Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) liability, but a successor corporation may be held liable under CERCLA. After a U.S. Virgin Islands clothing manufacturer dissol...