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Carolina Casualty Insurance Co. v. Oahu Air Conditioning Service, Inc.
A district court held that an insurance company may go forward with its CERCLA claim against several refrigerator waste oil companies for reimbursement of payments it incurred following a hazardous waste spill by its insured. In Chubb Custom Insurance Co. v. Space Systems/Loral Inc., 710 F.3d 946, 4...
New York v. Solvent Chemical Co.
The Second Circuit affirmed in part, and vacated and remanded in part, a lower court's allocation of contribution costs in connection with the remediation of two Niagara Falls, New York, properties. Below, the lower court held a chemical manufacturer liable to a solvent company for contribution. On ...
In re Methyl Tertiary Butyl Ether
A district court dismissed as time-barred Puerto Rico's lawsuit against two gasoline suppliers for groundwater contamination. The commonwealth had sufficient knowledge of both the alleged injury and the identity of the alleged tortfeasors in 2007 when it filed its initial complaint against gasoline ...
Pennsylvania Department of Environmental Protection v. Beazer East, Inc.
The Third Circuit, in an unpublished opinion, affirmed a lower court decision dismissing as time barred a state environmental agency's CERCLA lawsuit seeking reimbursement of response costs incurred at a former landfill. The defendants argued that the agency's action at the site was a "removal" acti...
Fox v. Elk Run Coal Co.
The Fourth Circuit affirmed a lower court decision dismissing a widow's claim that a coal company committed fraud on the court and thereby deprived her husband, a coal miner, of nearly a decade of benefits under the Black Lung Benefits Act (BLBA). Because the coal company had admitted liability for ...
Tri-Realty Co. v. Ursinus College
A district court dismissed a property owner's OPA claims against a nearby college for land and water contamination allegedly caused by heating oil that leaked from USTs on the college campus. The property owner brought claims under the CWA, OPA, RCRA, and state law. Based on the language and legisla...
Banning, City of v. Dureau
A district court held that the owner of a vacant property is liable under CERCLA for the release of hazardous waste intentionally caused by trespassers. The owner, who left oil drums on the property, claimed she was entitled to the innocent landowner defense. But she failed to show by a preponderanc...