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Contaminated Sites/Brownfields

United States v. Atlantic Richfield Co.

A district court held that residents of the West Calumet Housing Complex in East Chicago cannot intervene in a CERCLA settlement agreement after the agreement was approved. In 2016, residents of the housing complex were told to evacuate...

Southern Pilot Insurance Co. v. Matthews Auto Repair, Inc.

A district court held that an insurance company cannot back out of an insurance policy because a policyholder entered into a voluntary environmental cleanup agreement. The policyholder agreed to sell its land and allowed the buyer to do...

Employers Ins. of Wausau v. McGraw Edison Co.

The Sixth Circuit held that a battery company did not waive insurance coverage in connection with a battery storage facility in New Jersey because of a settlement with its insurance company decades prior. The battery company acquired...

Cincinnati Insurance Co. v. Roy's Plumbing, Inc.

The Second Circuit, in a summary order, affirmed a lower court decision that an insurance company has no duty to defend a plumbing company in an underlying state suit related to chemical contamination at Love Canal near Niagara Falls,...

Mao v. PIERS Envtl. Servs., Inc.

A California appellate court held that an environmental consultant hired by a lender had no duty to a prospective buyer of contaminated property. The buyer filed a negligence claim against the consultant group for an EA it performed in...

Ridge Seneca Plaza, LLC v. BP Products North America Inc.

The Second Circuit, in a summary order, affirmed a lower court decision dismissing a property owner's lawsuit against a nearby gas station operator for contaminating the owner's shopping plaza and against a cleanup contractor for...

Broussard v. Chevron USA, Inc.

A district court held that it would not waive the statute of limitations in a breach of contract case filed by the heirs of a cattle rancher against an oil company for contaminating the rancher's property. The suit stems from the...

Ferris v. Location 3 Corp

A Wisconsin appellate court held that real estate agents may be held liable to the purchasers of their client's property for failing to disclose that a landfill next to the purchased property was a Superfund site. The purchasers...