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Hazardous wastes & substances

Minnesota v. BNSF Railway Co.



The Eighth Circuit held that costs a developer incurred to reduce pollution on a property it owns in Brainerd, Minnesota, that had formerly been owned by a railway company were not removal costs and thus not recoverable...

State v. BNSF Ry. Co.

A district court held that a property owner's Minnesota Environmental Response and Liability Act (MERLA) claims against a former owner are not time barred even though the state agency issued a "decision document" describing the former...

Kennedy Bldg. Assocs. v. CBS Corp.

The Eighth Circuit affirmed a lower court order holding that a company substantially complied with a state's remediation plan for cleaning up PCB contamination at a hazardous waste site. The company's predecessor-in-interest operated an...

Union Pac. R.R. v. Reilly Indus., Inc.

The court affirms a district court judgment denying a railroad company's Comprehensive Environmental. Response, Compensation, and Liability Act (CERCLA), Minnesota Environmental Response and Liability Act (MERLA), and common-law...

Minnesota v. Kalman W. Abrams Metals, Inc.

The court holds that a state may only recover from responsible private parties the nonarbitrary portions of response costs it incurred cleaning up lead-contaminated soils under the Comprehensive Environmental Response, Compensation, and...

Soo Line R.R. Co. v. B.J. Carney & Co.

The court holds that a railroad company lessor is barred from recovering economic losses and property damages associated with hazardous waste contamination on its leased site. The court first holds that the lessor's claim for economic...

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 (...

Bituminous Casualty Corp. v. Tonka Corp.

The court holds that an insurer has no duty under its comprehensive general liability insurance (CGL) policies to defend or indemnify a toy manufacturer subject to state administrative enforcement proceedings to remedy groundwater...

Soo Line R.R. v. B.J. Carney & Co.

The court holds that the owner of a Minnesota site contaminated with hazardous substances has stated a cause of action, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Minnesota...

Gopher Oil Co. v. Union Oil Co. of Cal.

The court holds that a vendor of property contaminated by petroleum products fraudulently misrepresented the property's contamination to the purchaser, and the vendor is 100 percent liable for cleanup costs. The court first holds that...