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Minnesota v. Kalman W. Abrams Metals, Inc.

The court holds that a state may only recover from responsible private parties the nonarbitrary portions of response costs it incurred cleaning up lead-contaminated soils under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Minnesota Environmental Response...

Wademan v. Concra

The court holds that a husband and wife lacked standing under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Federal Water Pollution Control Act (FWPCA), and the Resource Conservation and Recovery Act (RCRA) to sue the developers of a benzene contaminated off...

Bedford Affiliates v. Sills

The court holds that a landowner that is a potentially responsible party (PRP) under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a) cannot maintain a §107(a) action against another PRP, but can seek contribution from that PRP under CERCLA §113(f). The lando...

United States v. Glens Falls Newspapers, Inc.

The court holds that a newspaper cannot intervene in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) litigation to vacate a consent order mandating that settlement negotiations between CERCLA parties remain confidential. The court first holds that the presumption of pu...

ABB Indus. Sys., Inc. v. Prime Tech., Inc.

The court denies a potentially responsible party's (PRP's) motion to bifurcate the trial of a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution claims against the PRP for cleanup costs. The PRP sought to bifurcate the trial into two phases, ...

AT & T Global Info. Solutions Co. v. Union Tank Car Co.

The court holds that a grandparent corporation is derivatively liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for its subsidiary's actions in arranging for the disposal of toxic waste at a solvent reclamation site in Granville, Ohio. Several potential...

Harbor Gateway Commercial Property Owners' Ass'n v. EPA

The court holds that the U.S. Environmental Protection Agency's (EPA's) listing of the Del Amo site in Los Angeles, California, on the national priorities list (NPL) was invalid. The court first holds that the proposal for listing the site on the NPL failed to comply with the Omnibus Consolidated Re...

M.R. (Vega Alta), Inc. v. Caribe Gen. Elec. Prods., Inc.

The court holds that it has subject matter jurisdiction over property owners' Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim against private companies for response costs relating to the contamination of their water supply, but the court does not have jurisdictio...

Kalamazoo River Study Group v. Rockwell Int'l Corp.

The court affirms a district court grant of summary judgment in favor of a manufacturer alleged to have contributed to a Michigan river's polychlorinated biphenyls (PCB) contamination. An association of potentially responsible parties claimed that PCBs in the manufacturer's drainage ditch leaked int...

Grand St. Artists v. General Elec. Co.

The court holds that individual condominium owners may not assert the innocent landowner defense in their Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action against the property's former owners. The individual owners initially purchased the property as a partnershi...