The Second Circuit affirmed in part, and vacated and remanded in part, a lower court's allocation of contribution costs in connection with the remediation of two Niagara Falls, New York, properties. Below, the lower court held a chemical manufacturer liable to a solvent company for contribution. On ...

The Third Circuit, in an unpublished opinion, affirmed a lower court decision dismissing as time barred a state environmental agency's CERCLA lawsuit seeking reimbursement of response costs incurred at a former landfill. The defendants argued that the agency's action at the site was a "removal" acti...

The Fifth Circuit upheld the dismissal of a landowner's suit against a chemical company for damages stemming from natural gas well operations. The company operated the well in the late 1960s and early 1970s under a mineral lease that expired in 1975. The lease granted the landowners the right to sue...

The D.C. Circuit affirmed the dismissal of environmental groups' lawsuit challenging BLM's decision to lease two tracts of land in the Wyoming Powder River Basin for coal mining. The groups argued that BLM failed to adequately consider several environmental concerns, including the increase in local ...

The North Dakota Supreme Court held that the state owns the mineral interests under the shore zone of the Missouri River, which cuts through the oil-rich Bakken Shale region. Under the equal footing doctrine, the state's title to the beds of navigable waters extends from high watermark to high water...

A district court held that the owner of a vacant property is liable under CERCLA for the release of hazardous waste intentionally caused by trespassers. The owner, who left oil drums on the property, claimed she was entitled to the innocent landowner defense. But she failed to show by a preponderanc...

A district court dismissed, with leave to amend, a dry cleaning business owner's CERCLA claims against a water company for soil and groundwater contamination. The owner alleged that the water company's operation of a nearby well led to the release of perchloroethylene (PCE). But the complaint does n...

A district court held that the Virgin Islands may go forward with its suit to recover response costs it incurred responding to the release of hazardous substances at a former alumina facility. Under CERCLA, at least some costs must be incurred prior to the start of litigation in order for a plaintif...

The Second Circuit vacated and remanded a lower court decision dismissing as time barred New York's CERCLA claims against several defendants for costs a town incurred investigating and addressing groundwater contamination stemming from the New Cassel Industrial Area. The lower court held that the st...