The court holds that a pesticide manufacturing partnership is liable for response costs in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 contribution action brought by the corporation that purchased the partnership's assets. The court first holds that the val...
The court holds that a state court action brought by a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) potentially responsible party (PRP) to obtain from state documents pertaining to an environmental cleanup cannot be removed to federal court. In state court, the PRP ...
The court holds that two customers of an electroplating company did not "arrange for" the disposal of the company's hazardous waste under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a), and, therefore, the company could not seek contribution from the customer...
The court holds that the U.S. Court of Federal Claims improperly dismissed a city's breach of contract claims against the Bonneville Power Administration (BPA) for lack of jurisdiction. The BPA was created to serve the Pacific Northwest's energy needs. If there is surplus energy, the BPA may sell it...
The court awards an individual's attorneys $95,153.02 in attorney fees and expenses under the Equal Access to Justice Act (EAJA) for defending the individual in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit brought by the government. The government sued the in...
The court holds that it lacks jurisdiction over claims brought by environmental groups against various governmental agencies protesting the issuance by the U.S. Army Corps of Engineers (the Corps) of 23 permits for various kinds of construction in Florida and their effect on the Florida panther. The...
The court holds that cemetery owners' takings claims arising from their failure to obtain a Clean Water Act (CWA) §404 permit from the U.S. Army Corps of Engineers are not ripe for review. In 1983, the property owners applied for a CWA §404 permit to dredge and fill 50 acres of the property, which...
The court holds that a state land use board decision precludes property owners from obtaining federal court relief of their takings claim under the U.S. Constitution. The landowners were prevented from building on their land due to an Oregon State law permitting dwellings to be built in forest use z...
The court assumes jurisdiction over a state contract dispute between a county waste authority and an in-state waste facility operator to protect and effectuate an injunction that the court has jurisdiction over. In a related case, the Third Circuit held that New Jersey's flow-control laws governing ...
The court holds that the trustees of a manufacturer's estate are liable for the trichloroethylene (TCE) contamination under state nuisance and environmental laws. A district court issued interlocutory orders finding the trustees liable under the Comprehensive Environmental Response, Compensation, an...