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Hazardous wastes & substances

Bitler Investments II, LLC v. Marathon Petroleum Co.

The Seventh Circuit held that a lower court should have awarded a real estate firm double damages for harm caused by an oil company during its attempt to clean up pollution at gas stations in Michigan the firm leased to it. The firm...

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...

Employers Ins. of Wausau v. United States

The court holds that the discretionary function exception to the Federal Tort Claims Act (FTCA) bars an insurer's claim that U.S. Environmental Protection Agency (EPA) officials acted tortiously in ordering the insurer to clean up a...

United States v. Taylor

The court holds moot landowners' challenge to a district court order granting the Michigan Department of Natural Resources (MDNR) access to contaminated property and vacates the lower court's assessment of civil penalties for the...

CPC Int'l, Inc. v. Aerojet-General Corp.

Applying Michigan law to an insurance dispute, the court adopts the doctrines of known-risk and loss-in-progress, and denies coverage because the insured's environmental director knew or reasonably should have known of a substantial...

Ray Indus., Inc. v. Liberty Mut. Ins.

The court holds that a letter from the U.S. Environmental Protection Agency notifying a potentially responsible party (PRP) that it may be liable for cleanup costs under the Comprehensive Environmental Response, Compensation, and...