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Hazardous Substances

Boeing Co. v. Cascade Corp.

The court holds that when a party is liable for pollution response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), it must share them regardless of whether it is the sole cause of the...

United States v. Pesses

The court holds that a metal company must pay over $1.49 million in remediation costs to a group of 191 settling potentially responsible parties (PRPs) that incurredover $10 million in Comprehensive Environmental Response, Compensation...

United States v. Burlington N. R.R.

The court affirms in part and reverses in part a district court's decision to reduce the amount a potentially responsible party (PRP) must pay to the U.S. Environmental Protection Agency (EPA) for remediation costs incurred under the...

Seattle, City of v. Washington State Dep't of Transp.

The court holds that although a state department of transportation is technically liable under the Washington Model Toxics Control Act (MTCA) for the disposal of a tank car at a Superfund site, the department need not pay remedial...

Akzo Nobel Coatings, Inc. v. Aigner Corp.

The court vacates a district court's allocation of contribution costs a coating company must pay for cleanup costs incurred by another potentially responsible party (PRP) at the Fisher-Calo site in Indiana. Although the coating company...

Employers Ins. of Wausau v. Duplan Corp.

The court holds that under New York law, insurers are not obligated to defend and indernnify a clothing manufacturer from private and government damage claims stemming from contamination at the manufacturer's New York and Virgin Islands...

Acushnet Co. v. Mohasco Corp.

The court affirms, but on different grounds, a district court decision dismissing corporations' contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against several potentially...

Axel Johnson, Inc. v. Carroll Carolina Oil Co.

The court holds that the former owner and operator of a refinery may not bring cost recovery or contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the subsequent and...

United States v. Allied-Signal, Inc.

The court denies the entry of a proposed consent decree between the United States and four New York municipalities that defined the municipalities' individual liability under the Comprehensive Environmental Response, Compensation, and...

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

The court reverses and remands a district court's allocation of insurance coverage costs between an insured and its excess insurers for soil, groundwater, and wetlands contamination at the insured's tank truck terminal. The court first...