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Hazardous wastes & substances

CWM Chem. Servs., Ltd. Liab. Co. v. Roth

The court removes the New York Superfund disposal tax—Environmental Conservation Law §27-0923(2)—from its statutory financing scheme for the cleanup of inactive hazardous waste disposal sites. The courts below have already held, and the...

In re Pfohl Bros. Landfill Litig.

The court holds untimely all but two individuals' toxic tort claims against contributors to a landfill. The court first holds that all but two of the personal injury, survival, and wrongful death claims were time barred, because they...

Scribner v. Summers

The court affirms a grant of quality of life damages to property owners for barium contamination on their property, but remands the case for further proceedings on permanent and stigma damages. The court first holds that the record is...

U.S. Postal Serv. v. Phelps Dodge Ref. Corp.

The court rescinds a contract under which a metal refining company sold a contaminated site in Queens, New York, to the U.S. Postal Service. Applying New York law, the court first holds that breach of contract can be grounds for...

Scribner v. Summers

The court holds that a steel treatment company is liable under state law to downgradient landowners for trespass and private nuisance caused by barium contamination. The district court found that the landowners' property was...

American Ins. Co. v. Fairchild Indus., Inc.

The court holds that insurers have no duty to indemnify or defend an insured against Comprehensive Environmental Response, Compensation, and Liability Act and state-law claims brought by New York State for remediation of contamination...