Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Canadyne-Georgia Corp. v. NationsBank, N.A.

The court reverses a district court order that dismissed a property owner's Comprehensive Environmental Response. Compensation, and Liability Act (CERCLA) and Georgia Hazardous Site Response Act contribution claims against a bank for failure to state a claim. The bank served as a trustee of a trust ...

Freeman v. Glaxo Wellcome, Inc.

The court holds that a pharmaceutical company that sold unused chemicals to a vitamin manufacturing facility is not a party liable for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first finds that the definition of "disposal" contai...

Bremerton, City of v. Sesko

The court holds that property owners operated two illegal junkyards in violation of a city's zoning laws and that such operation constituted a nuisance. The city planning commission determined that the properties were nuisances, and the commission's decision to uphold the city's cease and desist ord...

Boeing Co. v. Cascade Corp.

The court holds that when a party is liable for pollution response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), it must share them regardless of whether it is the sole cause of the costs. An airplane manufacturer brought a contribution action agains...

Commander Oil Corp. v. Barlo Equip. Corp.

The court reverses a district court decision holding a lessee that subleased property liable as an owner under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that owner liability should not automatically apply to lessees/sublessors. First, s...

Carson Harbor Village, Ltd. v. Unocal Corp.

The court reverses a district court decision dismissing on summary judgment a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim against prior owners of the property, as well as certain governmental entities, to recover the cost of cleaning up conta...

State v. BNSF Ry. Co.

A district court held that a property owner's Minnesota Environmental Response and Liability Act (MERLA) claims against a former owner are not time barred even though the state agency issued a "decision document" describing the former owner's cleanup of the site as "final" well beyond the statute of...

Citizens for Constitutional Fairness v. Jackson County

The Ninth Circuit held that a 2007 voter-approved initiative that overturned a 2004 initiative giving property owners relief from development restrictions under Oregon land-use laws, or payment for the lost value of their land, did not violate the Contract Clause of the U.S. Constitution. Waivers gr...

In re Oil Spill by the Oil Rig "Deepwater Horizon"

The U.S. Judicial Panel on Multistate Litigation consolidated and transferred to the U.S. District Court for the Eastern District of Louisiana 77 lawsuits related to the Deepwater Horizon oil spill in the Gulf of Mexico. The actions indisputably share factual issues concerning the cause (or causes) ...

Wagoner v. Chevron USA, Inc.

A Louisiana appellate court reversed a lower court decision denying property owners' right to sue oil and gas companies for contamination and damages due to their past operations on the site. The operations were conducted under mineral leases that remain active today. The owners purchased the site i...