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MRP Props., LLC v. United States
A district court held that the federal government must answer claims that it is liable for the cleanup of World War II-era hazardous waste from 12 oil refineries in seven states. Property owners brought a contribution claim against the U.S. government under CERCLA, claiming that the government exerc...
Liebhart v. SPX Corp.
A district court held that polychlorinated biphenyls (PCBs) being regulated under TSCA does not bar a Wisconsin couple from bringing a citizen suit under RCRA against a neighboring property owner for releasing PCBs during the demolition of a building on its property. The couple alleged that the demo...
Elkay Mining Co. v. Smith
The Fourth Circuit denied a coal company's petition to review an ALJ decision that found that a widow was entitled to survivorship benefits under the Black Lung Benefits Act. The coal miner in question worked in coal mines for 34 years, was a regular smoker, and retired in 1993. He developed serious...
New Jersey Department of Environmental Protection v. Amerada Hess Corp.
A district court held that gas companies will have to face monetary compensation claims under the the New Jersey Spill Act for releases at five sites. The case concerns releases of Methyl Tertiary Butyl Ether (MTBE) at five gas stations in the state of New Jersey. The New Jersey Department of Enviro...
Dailey v. Bridgeton Landfill, LLC
A district court held that St. Louis home owners' nuisance claims against a pharmaceutical company alleging migration of radioactive materials to their property were preempted by the Price-Anderson Act (PAA). The home owners claimed that their property had been damaged by soil, dust, and air contami...
Cole v. Marathon Oil Corp.
The Sixth Circuit held that the Michigan statute of limitations does not bar a nuisance and negligence suit brought by residents against a petroleum company. The residents brought a class action suit against the petroleum company for ongoing discharges and contamination. The lower court dismissed th...
Ecological Rights Foundation v. Pacific Gas & Electric Co.
The Ninth Circuit held that RCRA's "anti-duplication" provision does not preclude its application to stormwater discharges where EPA has not regulated them under the CWA. Concerned citizens brought a citizen suit against a utility company under RCRA, claiming it allowed harmful chemicals used to tre...
Pieper v. United States
The Fourth Circuit held that a proposed class of residents alleging that improper chemical disposal at a Frederick, Maryland, Army base contaminated their groundwater can't sue the government. The residents brought a claim under the Federal Torts Claim Act alleging that the Army negligently disposed...