Jump to Navigation
Jump to Content

Disposal site cleanup

Gopher Oil Co. v. Bunker

The court holds ripe for adjudication an oil company's action for a declaratory judgment that the estate of its predecessor's deceased owner is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (...

Scribner v. Summers

The court holds that a steel treatment company is liable under state law to downgradient landowners for trespass and private nuisance caused by barium contamination. The district court found that the landowners' property was...

Reeves Bros. v. EPA

The court denies a private-property owner injunctive relief on its claim that the U.S. Environmental Protection Agency (EPA) and EPA employees violated the Fourth Amendment to the U.S. Constitution when an EPA emergency response team...

Sumitomo Mach. Corp. of Am. v. AlliedSignal, Inc.

The court reverses a district court decision that an agreement requiring a company to remediate contaminated property its predecessor sold does not require the property's purchaser to execute deed restrictions limiting future property...

Johnson Controls, Inc. v. Irving Rubber & Metal Co.

The court holds that it lacks subject matter jurisdiction over third-party indemnification and duty-to-defend claims asserted by a defendant in a Comprehensive Environmental Response, Compensation, and Recovery Act (CERCLA) cost...

HM Holdings, Inc. v. Rankin

The court holds that the presence of hazardous waste on industrial property that a company sold to an individual does not breach any express or implied warranties. The court first finds that the purchase and sale agreement contains no...

United States v. Keystone Sanitation Co.

The court preliminarily enjoins the transfer of assets by a corporate landfill owner and related defendants in a U.S. Environmental Protection Agency (EPA) cost recovery action under the Comprehensive Environmental Response,...

Delaware Coca-Cola Bottling Co. v. S&W Petroleum Serv., Inc.

The court holds that the installer of an underground heating oil storage tank may be held liable as an "operator" under the Pennsylvania Storage Tank and Spill Prevention Act (STSPA) for the ongoing nuisance created by an alleged...

New Jersey Dep't of Envtl. Protection v. Gloucester Envtl. Management Servs.

The court holds that when the state of New Jersey acts in its sovereign capacity to invoke the jurisdiction of a federal court to assert state-law claims against a waste hauler and its customers, it waives its Eleventh Amendment...

United States v. DiBiase

The court affirms a district court approval of a consent decree that requires a sewage authority to pay 85 percent of the removal costs the U.S. Environmental Protection Agency (EPA) incurred at a site where the authority had deposited...