Jump to Navigation
Jump to Content

Estoppel

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...

Abbo-Bradley v. City of Niagara Falls

A New York appellate court held that residents may go forward with their personal injury and property damage claims against a city and various companies for failing to properly remediate toxic contamination at the Love Canal Superfund...

National Ass'n of Home Builders v. Environmental Protection Agency

The D.C. Circuit held that a home builders' association lacked standing to challenge EPA's and the U.S. Army Corps of Engineers' determination that two reaches of the Santa Cruz River in southern Arizona constitute "traditional...

Comer v. Murphy Oil USA, Inc.

A district court held that the doctrines of res judicata and collateral estoppel bar individuals' trespass, nuisance, and negligence claims against numerous oil, coal, electric, and chemical companies for damages stemming from Hurricane...

Underwood Livestock, Inc. v. United States

The Court of Federal Claims held that a livestock operator was collaterally estopped from litigating the issue of ownership to a right-of-way, thereby defeating its takings claim against the BLM for dismantling a water diversion...

Consolidated Edison Co. of New York v. Bodman

The court upholds the dismissal of a complaint against the U.S. Department of Energy (DOE) involving a 1986 settlement agreement that allocated refunds of crude oil overcharges. Under the agreement, the refunded overcharges would be...

Ripplin Shoals Land Co. v. Corps of Eng'rs

The court reverses the dismissal of a developer's suit against the U.S. Army Corps of Engineers (the Corps) in which it sought to compel the Corps to take action on its application to construct a span bridge under Nationwide Permit 14....

United States v. Horne

A court partially grants the U.S. motion to collaterally estop defendants from denying their liability as owners and operators of the Armour Road Superfund site in North Kansas City, Missouri. Except for one of the defendants, prior...

Leatherworks Partnership v. Berk Realty, Inc.

A court dismisses a company's claims against the prior owners of its property for failing to remove drums, titanium grindings, and other metals from the site pursuant to a purchase agreement. The company also argued that the prior...

Royal Ins. Co. of Am. v. Kirksville College of Osteopathic Med., Inc.

The court affirms a district court decision that a company is collaterally estopped from seeking indemnity from its insurer in a hazardous waste contamination case due to a prior state court ruling. The company was sued for trespass and...