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Hazardous Substances

Dailey v. Bridgeton Landfill, LLC

A district court held that St. Louis home owners' nuisance claims against a pharmaceutical company alleging migration of radioactive materials to their property were preempted by the Price-Anderson Act (PAA). The home owners claimed...

Illinois v. Nagle Station, LLC

An Illinois appellate court held that owners of an apartment building tainted by a leaky underground gasoline storage tank should have been allowed to join cleanup litigation brought by the state. The state sued two oil companies for a...

Hampton Rds. Sanitation Dist. v. Va. Dep't Of Envtl. Quality

A Virginia appeals court held that ash from incineration of biosolids at a wastewater treatment plant cannot be used to raise the ground level of a flood-prone agricultural field. In 2008, the Hampton Roads Sanitation District (HRSD)...

AES P.R., LP v. Trujillo-Panisse

The First Circuit struck down two Puerto Rican municipalities' ban of the disposal of coal ash at landfills within their borders. In 2015, Puerto Rico's Environmental Quality Board (EQB) approved a request from two landfills to receive...

Heartland Catfish Co. v. Navigators Specialty Ins. Co.

A district court held that an insurer is not liable for damages in connection with environmental cleanup costs stemming from a biofuel firm's recycling of catfish and other oils. The biofuel firm entered into a fat, oil, and grease...

Oil Re-Refining Co. v. Envtl. Quality Comm'n

The Oregon Supreme Court ruled that a company that ran a waste treatment and disposal facility was liable for transporting hazardous waste without the proper manifest forms. The company contracted to transport waste from a polymer...

Qinault Indian Nation v. Imperium Terminal Services, LLC

The Washington Supreme Court held that the state's Ocean Resources Management Act (ORMA) applies to two bulk liquid storage companies' oil terminal expansions on the shores of Gray Harbor. The two companies applied to expand their bulk...

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...

Smith v. ConocoPhilips Pipe Line Co.

The Eighth Circuit reversed a lower court decision certifying as a class a group of homeowners alleging nuisance claims against an oil company that owns a nearby contaminated site. A pipeline leak was discovered under the site in the...

Multistar Industries, Inc. v. U.S. Department of Transportation

The Ninth Circuit upheld DOT's decision ordering a hazardous waste motor carrier to cease operations following an unsatisfactory safety rating. The carrier argued that the unsatisfactory safety rating on which the cessation order was...

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