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Bankruptcy

Taylor

A federal bankruptcy court issued a supplementary opinion to clarify its prior ruling that environmental groups' claims for declaratory and injunctive relief under the CWA and RCRA would not be "debts" as defined by the Bankruptcy Code...

Tronox, Inc. v. Kerr-McGee Corp.

A federal bankruptcy court held that a petroleum company and its subsidiaries may be held liable for at least $5 billion—and perhaps up to $14 billion—in environmental response costs and tort liabilities. In 2005, a now-bankrupt...

NEC Holdings Corp. v. Linde LLC

A bankruptcy court held that a property owner's CERCLA and state environmental law claims against the prior property...

15375 Memorial Corp. v. Bepco L.P.

The Third Circuit affirmed a lower court order dismissing oil and gas exploration companies' bankruptcy petition for lack of good faith. The companies failed to show that their Chapter 11 bankruptcy petitions served valid bankruptcy...

Boston & Me. Corp. v. Massachusetts Bay Transp. Auth.

The First Circuit held that a transit authority's state law contribution claims against a railroad operator for contamination that occurred more than 20 years ago are barred by a 1983 consummation order entered in bankruptcy. The June...

In re ASARCO

A district court approved a bankruptcy reorganization plan requiring a mining company to pay $1.79 billion to fund past and future environmental cleanup and restoration costs incurred by federal and state agencies at more than 80 sites...

United States v. Apex Oil Co.

The Seventh Circuit upheld an injunction, at the behest of EPA under the authority of RCRA, requiring an oil company to clean up a contaminated site in Hartford, Illinois. The lower court determined that millions of gallons of oil,...

In re Resource Tech. Corp.

The court upholds a bankruptcy court's settlement approval over the disposition of certain rights to harvested methane gas. Under the settlement, the bankrupt party—a company that collects methane gas from landfills—was released from...

Whitehouse v. LaRoche

The court vacates and remands a district court decision holding that a property owner's bankruptcy expunged his obligation to pay the state of Rhode Island civil penalties and remediation costs stemming from water contamination on his...

229 Main St. Ltd. Partnership v. Massachusetts Dep't of Envtl. Protection

The court holds that Massachusetts' environmental superlien statute, which allows the commonwealth to place a priority lien on property after spending money assessing or cleaning up a polluted tract of land, evades the Bankruptcy Code's...