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Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Coppola v. Smith

A district court held that a California city does not have to pay a settlement to a dry cleaner for chemical contamination near his property per a condition of their settlement agreement. After discovering a perchloroethylene (PCE)...

Waverley View Investors, LLC v. United States

The Court of Federal Claims held that a land owner is entitled to compensation for wells and an access road installed to monitor contamination on a property adjacent to Fort Detrick. A Maryland landowner was faced with a demand under...

Atl. Richfield Co. v. Mont. Second Judicial Dist. Court

The Montana Supreme Court held that owners of private land within a Superfund site can proceed with a compensation suit against an oil company to restore their properties beyond the remedies approved by EPA for the Superfund site as a...

MRP Props., LLC v. United States

A district court held that the federal government must answer claims that it is liable for the cleanup of World War II-era hazardous waste from 12 oil refineries in seven states. Property owners brought a contribution claim against the...

Pieper v. United States

The Fourth Circuit held that a proposed class of residents alleging that improper chemical disposal at a Frederick, Maryland, Army base contaminated their groundwater can't sue the government. The residents brought a claim under the...

Sweet Lake Land & Oil Co. v. Oleum Operating Co.

A Louisiana appeals court held that an oil company's oilfield cleanup plan was properly rejected by a trial court. An oil company sued a larger oil company alleging environmental damage to its property caused by decades of oil and gas...

Strategic Envtl. Partners, LLC v. N.J. Dep't of Envtl. Protection

A district court held that a solar energy company that entered into an agreement to close a landfill and turn it into a solar farm cannot recover closure costs under CERCLA. The solar company bought the property and entered into an...

TDY Holdings, LLC v. United States

The Ninth Circuit reversed a district court decision that allocated 100% liability under CERCLA to a government contractor seeking contribution from the U.S. government. For 60 years the contractor operated a manufacturing facility...

Gadsden Indus. Park, LLC v. United States

A district court held an Alabama industrial park owner can't pursue claims against the federal government for damage to its property that occurred during a Superfund cleanup. As part of the cleanup, EPA disposed of, cut, severed, tore...

SPS LP v. Sparrows Point, LLC

A district court ruled that passive migration of benzene from a former steel mill to an adjoining shipyard does not make the owners liable for a "disposal" under CERCLA. The plaintiff's shipyard contained a "graving dock," which is used...