The court holds that Michigan has adequately stated a claim under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against two corporate officials of a company allegedly liable for CERCLA response costs. Michigan alleges that one individual is the controlling stockh...
The court holds that a draft settlement agreement with potentially responsible parties under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not binding on the United States. The court first holds that though the parties nearly reached agreement before the Justi...
The court holds that a provision of the West Virginia Solid Waste Management Act allowing the state to deny a solid waste facility siting permit that is "significantly adverse to the public sentiment" is unconstitutional because it bears no rational relationship to the state's interest in promoting ...
The court holds that a citizen suit, alleging that corporations illegally dumped hazardous wastes at a landfill, is not precluded by a pending state administrative action and that the landfill owner, who the court originally joined as a defendant, should be realigned as a plaintiff. The court holds ...
The Supreme Court rules that the 60-day notice requirement of Resource Conservation and Recovery Act (RCRA) §7002(b) is a mandatory condition precedent to filing a citizen suit, and failing to give the notice must result in dismissing the suit. The owners of a dairy farm located next to a county la...
In a decision designated as not for publication, the court upholds the conviction of a chemical manufacturing company for knowingly disposing of hazardous waste without a permit in violation of §3008(d)(2) of the Resource Conservation and Recovery Act. The district court properly determined that a ...
The court holds that a company had no duty under securities law to disclose to its stockholders that its subsidiary was operating a facility in violation of environmental laws and thus subjecting itself to significant liability. Plaintiffs in this class action suit allege that the company violated �...
The court holds, in ruling on motions for contribution in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) removal action case, that the landowner of the contaminated site is liable for one-third of the cleanup costs and the generators are liable for two-thirds. Relyi...
The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(j), providing for "arbitrary and capricious" standard review of a response action's administrative record, applies to actions under CERCLA §106 and §107. The court first holds that §113(j) ap...
The court holds that to establish liability for natural resource damages under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the government must prove that releases from a particular facility contributed to the natural resource injury. The court first rules in f...