The Sixth Circuit held that two administrative orders on consent (AOCs) that a power company entered into with EPA in connection with two coal gasification plants owned and operated by its predecessor in interest nearly 70 years ago do not constitute "administrative settlements" under CERCLA. Under ...

A district court granted a motion to reconsider its prior decision that a PRP established the divisibility defense and, therefore, should not be jointly and severally liable for cleanup costs at the Lower Fox River Superfund site in Wisconsin, and held that the PRP had not, in fact, established the ...

A New York appellate court held that residents may go forward with their personal injury and property damage claims against a city and various companies for failing to properly remediate toxic contamination at the Love Canal Superfund site and for allowing toxins to be released during a 2011 sewer p...

A district court granted in part and denied in part New York's motions to dismiss a company's counterclaims against it in the state's underlying CERCLA action for response costs. The state claimed that the Eleventh Amendment barred the company's counterclaims because the state has neither consented ...

The Seventh Circuit held that a utility may not seek contribution against a corporation for remediation costs the utility incurred at a former coke plant that was operated by the corporation's predecessor more than 90 years ago. In 1920, the utility and the corporation's predecessor entered into a c...