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Hazardous

B&R Resources, LLC v. Department of Environmental Protection

A Pennsylvania appellate court reversed and remanded a lower court's decision that the owner of an oil and gas company should be liable for failing to plug 47 abandoned oil and gas wells located in Erie and Crawford Counties. The state...

New Jersey DEP v. Exxon Mobil Corp.

The New Jersey Superior Court upheld an oil company's $225 million Spill Act settlement in connection with contamination at two oil refineries in Bayonne and Linden, New Jersey. The natural resources damages were estimated at $8.9...

NL Indus., Inc. v. State

The New Jersey Supreme Court held that the state hazardous waste spill law, which waives state immunity for hazardous waste suits, does not apply to spills that predate the law. In 1968, a development corporation built a seawall on...

Olin Corp. v. Insurance Co. of North America

A district court held that a manufacturing company is entitled to $1.7 million in litigation costs from its insurer in an underlying 2003 lawsuit concerning hazardous waste contamination at one of the company's properties stemming from...

Anthony Wayne Corp. v. Elco Fastening Systems, LLC

A district court, on motions for summary judgment, dismissed all but one of a property owner's environmental, waste, and breach of lease claims against various manufacturing companies that leased the site. The owner has been leasing the...

Morristown Assocs. v. Grant Oil Co.

In an unpublished opinion, a New Jersey appellate court held that the New Jersey Spill Compensation and Control Act (Spill Act) does not contain a "triggering notice" in order for liability to attach. Rather, a party seeking...

Town of Westport v. Monsanto Co.

A district court dismissed a town's Massachusetts Oil and Hazardous Material Release Prevention and Response Act claim against the corporate spinoffs of Old Monsanto, the sole manufacturer of PCBs in the United States between 1935 and...

Environmental Processing Systems, L.C. v. FPL Farming, Ltd.

The Texas Supreme Court reinstated a jury verdict in favor of a waste disposal facility in a trespass case filed against it by a neighboring rice farm. At trial, the farm argued that deep subsurface wastewater from the facility...

Morristown Assocs. v. Grant Oil Co.

The New Jersey Supreme Court held that the general six-year statute of limitations for injury to real property does not apply to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill...

Commonwealth v. Spangler

A Pennsylvania court affirmed a lower court order granting the Pennsylvania Department of the Environment's (PaDEP's) petition to investigate, remediate, and clean up contamination on private property under the Pennsylvania Hazardous...