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Browning-Ferris Indus. of Ill., Inc. v. Ter Maat

The court affirms in part and reverses in part a district court decision that determined and allocated Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability at a landfill. The landfill's owner brought a CERCLA contribution suit against the corporation that leased t...

Akzo Nobel Coatings, Inc. v. Aigner Corp.

The court vacates a district court's allocation of contribution costs a coating company must pay for cleanup costs incurred by another potentially responsible party (PRP) at the Fisher-Calo site in Indiana. Although the coating company sent nine percent and the PRP sent approximately 71 percent of t...

New Jersey Turnpike Auth. v. PPG Indus., Inc.

The court dismisses a turnpike authority's contribution claims against three chromium ore processors under the Comprehensive Environmental Recovery, Compensation, and Liability Act (CERCLA) and the New Jersey Spill Act for the contamination of several sites along the New Jersey Turnpike. The turnpik...

Jeffers v. Wal-Mart Stores, Inc.

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts an employee's state-law claims against her employer regarding the labeling of pesticides, but FIFRA does not preempt state-law claims regarding the packaging of the pesticides. The employee alleged that she...

United States v. Hagberg

The court holds that a district court erroneously dismissed an indictment charging an individual for knowingly disposing of domestic septage on a public contact site in violation of the Clean Water Act (CWA). The individual allegedly pumped sewage material from a septic tank located at a bar and the...

Allens Creek/Corbetts Glen Preservation Group, Inc. v. Caldera

The court holds that the equitable doctrine of laches bars a community group's Administrative Procedure Act and Clean Water Act (CWA) claims seeking to prevent the permitted filling of a wetland and, hence, to stop further development of a neighboring industrial park. After their attempt to stop the...

Palm Beach Isles Assocs. v. United States

The court holds that summary judgment was improvidently granted in favor of the U.S. Army Corps of Engineers in a suit brought by property owners who claimed that the Corps' refusal to grant the owners a Clean Water Act (CWA) §404 dredge and fill permit for 50 acres of submerged lands constituted a...

Tosco Corp. v. Koch Indus., Inc.

The court affirms a district court decision holding the former owner of an abandoned refinery responsible under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for 15 percent of all past and future response costs and damages a subsequent owner incurred and will inc...

United States v. Amoco Chem. Co.

The court holds that neither an amended Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) consent decree between a waste handler and the United States nor a previous trust agreement with other CERCLA defendants bound a waste handler to sign a new trust agreement. The dis...

Advanced Tech. Corp. v. Eliskim, Inc.

The court denies a corporation's motion to reconsider a ruling that disputed issues of material fact exist as to whether the corporation's neighbor can claim an innocent landowner defense, which would allow the neighbor to pursue a Comprehensive Environmental Response, Compensation, and Liability Ac...