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Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

United States v. Atlantic Richfield Co.

A district court denied as untimely a newspaper’s motion to intervene in a case involving a 27-year-old CERCLA action. The newspaper claimed it had, under state law, the right to information related to confidential settlement...

LCCS Group v. A.N. Webber Logistics, Inc.

A district court denied a waste hauling company's motion to dismiss a CERCLA suit filed against it for alleged soil and groundwater contamination contributed by its predecessor to a hazardous waste site in Chicago, Illinois. The company...

Goodeagle v. United States

The Court of Federal Claims, in a case involving several claims arising out of the alleged federal mismanagement of tribal lands, held that CERCLA does not bar a tribe from seeking natural resource damages even though cleanup efforts at...

Pakootas v. Teck Cominco Metals, Ltd.

The Ninth Circuit held that a mining company that operates a smelter in Canada should not be held liable as an arranger under CERCLA for the release and threatened release of hazardous substances in the Upper Columbia River. The company...

North River Mews Assocs. v. Alcoa Corp.

In an unpublished opinion, a district court held that a developer may go forward with its CERCLA, tort law, and fraudulent concealment claims against the former owner of contaminated property under which PCB-contaminated USTs were...

State ex rel. Koster v. Republic Services, Inc.

A district court granted Missouri's remand request to litigate in state court its lawsuit against the owner and operator of a landfill in connection with an uncontrolled, underground trash fire at the site. The state alleged various...

Valbruna Slater Steel Corp. v. Joslyn Manufacturing Co.

A district court denied a manufacturing company's motion to certify for interlocutory appeal certain questions pertaining to its statute of limitations and claim preclusion defenses in an underlying case over who should bear the cost of...

PCS Phosphate Co. v. American Home Assurance Co.

A district court held that an insurer has no duty to defend or indemnify a company in two underlying actions seeking contribution for past and future costs incurred at a PCB-contaminated site. The company had sent transformers to the...

Asarco, LLC v. Atlantic Richfield Co.

The Supreme Court of Montana upheld a lower court decision dismissing a smelting company's state-law claims against an oil refinery in connection with costs incurred remediating a former lead smelting site in East Helena, Montana. The...

Department of Toxic Substances Control v. Technichem, Inc.

A district court held on motions for summary judgment that a hazardous waste management company should be held liable under CERCLA for PCE contamination, but that material issues of disputed fact preclude a finding that an employee...