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Disposal site cleanup

Acushnet Co. v. Coaters, Inc.

The court holds that a nonsettling potentially responsible party (PRP) must pay a portion of past and future remediation costs incurred by settling PRPs at the Sullivan's Ledge site in New Bedford, Massachusetts. Relying on the jury's...

In re Grand Jury 95-1

The court holds that a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defendant is not entitled to access to materials from an earlier grand jury proceeding conducted by the judge presiding over the...

Voorhees, Township of v. New Jersey Dep't of Envtl. Protection

The court holds that a town may recover under the New Jersey Sanitary Landfill Facility Closure and Contingency Fund Act costs it incurred cleaning up contamination from a closed landfill on property that it bought before passage of the...

United States v. Zagari

The court remands the sentences of one individual that was convicted of wire fraud and one individual that was convicted of Racketeer Influenced and Corrupt Organizations (RICO) Act and Travel Act violations, wire and mail fraud, tax...

U.S. Postal Serv. v. Phelps Dodge Ref. Corp.

The court rescinds a contract under which a metal refining company sold a contaminated site in Queens, New York, to the U.S. Postal Service. Applying New York law, the court first holds that breach of contract can be grounds for...

United States v. Iron Mountain Mines, Inc.

The court holds that defendants in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action brought by the state of California may bring CERCLA counterclaims against the state under the recoupment doctrine...

DRR, L.L.C. v. Sears, Roebuck & Co.

The court holds that a former owner of petroleum-contaminated property is not liable to the current owner on state-law claims of fraud and strict liability for the alleged expense of removing leaking underground storage tanks from the...

Jones v. Texaco, Inc.

The court holds that the owners of a contaminated site may not recover damages for negligence, gross negligence, or strict liability from an oil company that previously owned the site and used it to dispose of oil-field waste. The court...

Sable v. General Motors Corp.

The court holds time barred a trespass action that an estate's representative brought against several companies for nonremoval of chemicals that they allegedly dumped on the decedent's land. The court first holds that the district court...

Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. Co.

Present BECKER, STAPLETON, MANSMANN, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and SAROKIN, Circuit Judges.

The court holds that under New Jersey law, a chemical transporter is entitled to indemnification from its excess...