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Appleton Papers Inc. v. George A. Whiting Paper Co.

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, ...

Pennsylvania v. Lockheed Martin Corp.

The Third Circuit vacated as moot a lower court decision that dismissed a contractor's third-party complaint against Pennsylvania and the commonwealth's natural resources agency for cleanup costs associated with Quehanna Wild Area Nuclear Site. The contractor argued that the lower court erred by...

Pakootas v. Teck Cominco Metals, Ltd.

A district court held that a Canadian mining company, if found liable under CERCLA, will be subject to joint and several liability for response costs incurred by the state of Washington and a Native American tribe along a portion of the Upper Columbia River. In this case, the harm is the entiret...

Gregory Village Partners, L.P. v. Chevron U.S.A., Inc.

A district court held that a property owner may go forward with its RCRA claims against neighboring property owners for groundwater and soil contamination, but it dismissed the owner's CERCLA claim against a water district that operated a sewer line between the two properties. The owner adequate...

American Alternative Insurance Co. v. Moon Nurseries, Inc.

A district court dismissed an insurance company's CERCLA claim against a tree nursery to recover response costs incurred by firefighters responding to a fire. The fire involved chlorine, a hazardous substance, and the company asserted that its insureds--two fire companies—"removed" and "remediated...

Solutia, Inc. v. McWane, Inc.

The Eleventh Circuit held that parties subject to a consent decree may not file claims for cost recovery under §107(a) of CERCLA and that their remedies are limited to filing claims for contribution under CERCLA §113(f). If a party subject to a consent decree could simply repackage its §113(f...

Oil Re-Refining Co. v. Pacific Recycling, Inc.

A district court dismissed an oil refiner's CERCLA action against a recycling company for costs it incurred responding to PCB contamination allegedly resulting from used oil that was delivered from the company's facility to the refinery. The claim fails because there has been no release or thre...

United States v. General Electric Co.

The First Circuit affirmed a lower court decision holding a manufacturing company liable under CERCLA for response costs EPA incurred at the Fletcher's Paint Works and Storage Facility Superfund site in Milford, New Hampshire. The lower court properly ruled that the company was liable as a...

Emergency Services Billing Corp. v. Allstate Insurance Co.

The Seventh Circuit held that automobile owners should not be held liable under CERCLA for costs incurred responding to automobile accidents. The case was brought by the billing agent of a fire department that sought response costs from individuals who were involved in motor vehicle accidents an...

Oil Re-Refining Co. v. Pacific Recycling, Inc.

A district court dismissed a property owner's CERCLA claim for costs incurred responding to PCB contamination allegedly caused by an oil recycling company. The owner alleged that the company spilled PCBs on the site. But the $800,000 in costs purportedly incurred are not related to the alleged r...