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Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

BRG Harrison Lofts Urban Renewal LLC v. GE

A district court allowed a CERCLA recovery claim to go forward in a case involving mercury cleanup at the Thomas Edison light bulb factory. The plaintiff bought the property from the seller and the parties entered into an...

105 Mt. Kisco Assoc. LLC v. Carozza

A district court held that a property owner could not sue for cost recovery under CERCLA in connection with a New York property where uranium was processed for the first atomic bomb because the claim was untimely. In December 2012, the...

Islip, Town of v. Datre

A district court held that defendants responsible for dumping hazardous waste in a town park were not liable under CERCLA because they did not know of the hazardous nature of the material dumped. In 2013, a church pastor requested...

Citizens Development Corp., Inc. v. San Diego, County of

A district court held that cow manure can be a hazardous substance under CERCLA. A citizen group sued a dairy farm for its part in contaminating Lake San Marcos. The dairy farm moved for judgment on the pleadings on the grounds that no...

United States v. Gibson Wine Co.

A district court denied a winery's motion to strike claims by EPA under CERCLA, the CAA, and other statutes in connection with a release of ammonia that claimed the life of one worker. In 2012, the winery experienced a 284-pound release...

United States v. Land O'Lakes, Inc.

A district court held that a food company is not shielded from CERCLA liability by a settlement reached under RCRA related to the same site. EPA brought suit against the food company, a successor to the company that operated the site...

Garrett Day LLC v. Int'l Paper Co.

A district court permitted a contribution suit under CERCLA against a paper company to proceed in a case involving a site in Dayton, Ohio. The site was allegedly contaminated with numerous hazardous chemicals that were used in the paper...

Charter Township of Lansing v. Lansing Board of Water and Light

A district court denied a state water and power board's motion to dismiss a CERCLA suit brought by two goverment entities for costs related to a drain project in Lansing, Michigan. The government entities sued the board for the increase...

ASARCO, LLC v. Noranda Mining, Inc.

The Tenth Circuit reversed a district court ruling that barred a mining company from pursuing a CERCLA contribution claim for the Lower Silver Creek/Richardson Flat site because of representations it made to a bankruptcy court...

Florida Power Corp. v. FirstEnergy Corp.

A district court, on cross-motions for summary judgment, held that a utility company should not be held liable under CERCLA for the release of hazardous substances on two properties owned by an energy company. The energy company brought...