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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...

Public Serv. Co. of Colo. v. Gates Rubber Co.

The court holds that a company's cleanup of a polychlorinated biphenyl- and lead-contaminated site in Colorado was not consistent with the national contingency plan (NCP). Thus, the company is not entitled to contribution from other responsible parties. The court first holds that the district court ...

Minyard Enters., Inc. v. Southeastern Chem. & Solvent Co.

The court holds that $200,000 awarded to a former owner whose property was damaged by an underground storage tank (UST) operator's negligence is not duplicative of the former owner's award for past and future response costs under the Comprehensive Environmental Response, Compensation, and Liability ...

Southfund Partners III v. Sears, Roebuck & Co.

The court holds that a company is not entitled to recover response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from the former owner of property contaminated by leaking underground storage tanks (USTs). The court first holds that the company's CERCL...

Acushnet Co. v. Mohasco Corp.

The court affirms, but on different grounds, a district court decision dismissing corporations' contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against several potentially responsible parties (PRPs) for response costs incurred at the Sulliv...

Fort Ord Toxics Project v. California EPA

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(h) does not bar a district court's jurisdiction over environmental groups' California Environmental Quality Act action against state agencies for failing to prepare an environmental impact s...

Axel Johnson, Inc. v. Carroll Carolina Oil Co.

The court holds that the former owner and operator of a refinery may not bring cost recovery or contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the subsequent and current owners. The court first holds that the former owner is a pe...

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...