Jump to Navigation
Jump to Content

Claims barred

Warren v. Matthey, Inc.

A district court dismissed homeowners' CERCLA, RCRA, and state-law claims against the former owners and operators of a manufacturing plant for alleged well-water contamination. The court dismissed the CERCLA claims because the...

Trinity Industries, Inc. v. Chicago Bridge & Iron Co.

The Third Circuit held that a PRP that entered into a consent decree resolving its state-law liability with the commonwealth of Pennsylvania in connection with contamination at an industrial facility may seek contribution under CERCLA...

Clean Harbors, Inc. v. CBS Corp.

A district court dismissed a landfill owner's RCRA action in which it sought an injunction requiring the former owner to perform certain remedial and investigative actions at the site. EPA issued the former owner a RCRA cleanup order...

Center for Community Action & Environmental Justice v. Union Pacific Corp.

A district court dismissed environmental groups' complaint against two railroad companies alleging that diesel particulate matter (DPM) emitted by diesel-engine locomotives, trucks, and other equipment has caused and is causing an...

Tilot Oil, LLC v. BP Products North America, Inc.,

A district court dismissed a property owner's RCRA claim against an oil company for benzene contamination present in the basement of one of his buildings. The evidence fails to establish that there may be an imminent and substantial...

Avondale Fed. Sav. Bank v. Amoco Oil Co.

The court holds that the Resource Conservation and Recovery Act (RCRA) bars a current property owner's claim for cleanup costs against the property's former owner. The current owner filed a claim for injunctive relief against the former...

Davis Bros. v. Thornton Oil Co.

The court dismisses strict liability, nuisance, trespass, and Resource Conservation and Recovery Act (RCRA) claims filed against the former sublessee of contaminated property where an underground storage tank (UST) leaked. The former...

Avondale Fed. Sav. Bank v. Amoco Oil Co.

The court holds that a landowner cannot recover from previous site owner petroleum contamination cleanup costs it incurred after it invoked Resource Conservation and Recovery Act (RCRA) §7002's statutory process for bringing a citizen...