Charter Township of Lansing v. Lansing Board of Water and Light
A district court denied a state water and power board's motion to dismiss a CERCLA suit brought by two goverment entities for costs related to a drain project in Lansing, Michigan. The government entities sued the board for the increase in costs assessed for the building of a storm drain in a distri...
ASARCO, LLC v. Noranda Mining, Inc.
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...
Florida Power Corp. v. FirstEnergy Corp.
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...
United States v. Atlantic Richfield Co.
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...
Anderson v. McCarthy
A district court, on motions for summary judgment, dismissed a lawsuit against EPA filed by a group of beekeepers, farmers, and organizations concerned about the effect of pesticide-treated seeds on bees and other pollinators. The plaintiffs argued that the practice of coating seeds with neonicotino...
Syngenta Seeds, Inc. v. County of Kauai
The Ninth Circuit affirmed a lower court decision that the Hawaii Pesticides Law impliedly preempts a county ordinance that seeks to regulate pesticides and genetically engineered plants. The ordinance would have required commercial farmers to maintain “buffer zones” between crops to which pesti...