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Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Emhart Industries Inc. v. New England Container Co.

A district court held that an industrial chemical company is not liable for fines for refusing to comply with an administrative order under CERCLA. In an previous decision, the company was found jointly and severally liable for the...

El Paso Natural Gas Co. LLC v. U.S.

A district court held that a natural gas company can seek contribution from the federal government for uranium contamination cleanup under CERCLA. The company filed suit against the federal government for contribution for costs incurred...

Chevron Mining Inc. v. DOI

The Tenth Circuit held that a mining company has the right to recover cleanup costs at a Superfund site because the U.S. government was an owner under the statute. Over the last century, the mining company and its corporate predecessors...

Spokane, City of v. Monsanto Co.

A district court held that an agriculture company cannot pursue Superfund cost recovery against Spokane, Washington, over polychlorinated biphenyl (PCB) contamination in the Spokane River. The company produced PCBs from 1935 to 1970...

Dixon Lumber Co. v. Austinville Limestone Co.

A district court held that a mining company will not face CERCLA liability as a successor to another company because there was no overlap in ownership. The mining company and a lumber company purchased adjacent lots from an industrial...

United States v. Federal Resources Corp.

The Ninth Circuit, in an unpublished opinion, held that the United States is not liable under CERCLA for hazardous waste contamination at a former mine site in Idaho. A district court held the owners of the site liable for EPA's and the...

Von Duprin LLC. v. Moran Elec. Serv. Inc.

A district court found that an Indiana Superfund law allows for contribution claims even though the law does not directly reference them. In 2013, a hardware manufacturing company was found liable by the Indiana Department of...

Pa. Mfrs. Ass'n Ins. Co. v. Johnson Matthey, Inc.

A Pennsylvania court denied an insurer's motion for summary judgment, holding that it had no obligation to defend or indemnify toxic waste claims against its policyholder that occurred after the end of its policy. The policyholder was...

Pa. Mfrs. Ass'n Ins. Co. v. Johnson Matthey, Inc.

A Pennsylvania court denied an insurer's motion for summary judgment, holding that it had no obligation to defend or indemnify toxic waste claims against its policyholder that occurred after the end of its policy. The policyholder was...

Waterkeeper Alliance v. EPA

The D.C. Circuit vacated an EPA final rule that exempted farms from reporting requirements for air releases from animal waste. In 2008 the EPA issued a final rule that generally exempts farms from CERCLA and EPCRA reporting requirements...