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Contribution

New Mexico v. EPA

A district court held that a government contractor may be liable under CERCLA in connection with the Gold King mine spill in Colorado. In 2016, the contractor caused a breach that released more than 3 million gallons of acid mine...

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...

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...

Florida Power Corp. v. FirstEnergy Corp.

The Sixth Circuit held that two administrative orders on consent (AOCs) that a power company entered into with EPA in connection with two coal gasification plants owned and operated by its predecessor in interest nearly 70 years ago do...

United States v. NCR Corp.

A district court granted a motion to reconsider its prior decision that a PRP established the divisibility defense and, therefore, should not be jointly and severally liable...

Peoples Gas Light & Coke Co. v. Beazer East, Inc.

The Seventh Circuit held that a utility may not seek contribution against a corporation for remediation costs the utility incurred at a former coke plant that was operated by the corporation's predecessor more than 90 years ago. In 1920...

PCS Nitrogen, Inc. v. Ross Development Corp.

A district court held that a corporation subject to an EPA unilateral administrative order (UAO) in connection with the Columbia Nitrogen Superfund site in Charleston, South Carolina, may seek contribution under CERCLA §113 and not §107...

Ameripride Services, Inc. v. Texas Eastern Overseas, Inc.

The Ninth Circuit held that in allocating liability to a nonsettling defendant in a CERCLA contribution action, a district court has discretion to determine the most equitable method of accounting for settlements between private parties...

Northern States Power Co. v. City of Ashland

A district court held that a power company may seek contribution for some of the cleanup costs it incurred at a site adjacent to Lake Superior in Ashland, Wisconsin. The company's CERCLA §113 contribution claims stemming from a 2003...

Cyprus Amax Minerals Co. v. TCI Pacific Communications, Inc.

A district court held that a corporation may be held liable under CERCLA for contamination stemming from smelting operations in the early 1900s by a subsidiary of the corporation's predecessor. Considering the totality of the...

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