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Idaho v. Bunker Hill Co.

The court rules on motions for summary judgment brought by insurance companies regarding their duty to defend and indemnify their insured in an action brought by the state of Idaho under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state law. The court initi...

Utah State Dep't of Health v. Ng

The court holds that the 60-day notice requirement in §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not apply to §107 actions, a state may not seek injunctive relief under CERCLA §107, and the state's failure to comply with the 90-day notice of...

ENSCO, Inc. v. Dumas

The court holds that the Resource Conservation and Recovery Act (RCRA) preempts a Union County, Arkansas, ordinance banning the storage, treatment, or disposal of acute hazardous waste. RCRA §3009 allows local governments to impose regulations more stringent than federal requirements and thus does ...

Electric Power Bd. of Chattanooga v. Monsanto Co.

The court holds that Tennessee's statute of repose and the state's Products Liability Act bar the claims of plaintiff electric utilities boards for damages suffered by them because of the existence of polychlorinated biphenyls (PCBs) in equipment purchased from the defendant more than 10 years prior...

Electric Power Bd. of Chattanooga v. Monsanto Co.

The court holds that the Tennessee statute of repose is preempted by §309 of the Comprehensive Environmental Response, Compensation, and Liability Act, added by the 1986 Superfund amendments, with regard to actions for damages involving exposure to hazardous substances. The court holds that the sta...

United States v. Tyson

The court holds that the past and present owners of the Tyson's Lagoons dumpsite in Pennsylvania and companies that disposed of industrial wastes there are responsible parties (RPs) liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 for the Environmenta...

Citizens for an Orderly Energy Policy v. Suffolk, County of

In a per curiam opinion, the court holds that Suffolk County's resolutions not to participate in off-site emergency evacuation planning for a proposed nuclear power plant do not violate and are not preempted by the Atomic Energy Act, the Supremacy Clause, or 42 U.S.C. §1983. The resolutions do not ...

Continental Ins. Cos. v. Northeastern Pharmaceutical & Chem. Co.

The court holds that cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that were incurred after the expiration of an insurance policy are recoverable under the policy where disposal and environmental contamination took place during the policy peri...

Chesapeake Bay Found. v. Bethlehem Steel Corp.

The court rules that the Federal Water Pollution Control Act's (FWPCA's) citizen suit provisions are constitutional, the provisions are satisfied if notice is provided to the government of some of the violations to be alleged and the remaining violations are similar, and continuous permit violations...

Donahue v. Marsh

The court holds that the Army Corps of Engineers did not violate state law or the National Environmental Policy Act (NEPA) in undertaking maintenance dredging of a federally authorized navigation channel and choosing a particular disposal site for spoil material from the project. Plaintiff landowner...