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Pleading, FRCP 8

Niagara Mohawk Power Corp. v. Consolidated Rail Corp.

The court holds that a railroad's motion to dismiss a power company's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost-recovery action against it for lack of subject matter jurisdiction must be denied...

Fireman's Fund Ins. Co. v. Lodi, Cal., City of

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt a California city's comprehensive municipal environmental response and liability ordinance. An insurer challenged...

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

The court holds that a district court lacked jurisdiction to hear a former Superfund site operator's four state-law claims against the site's owner. After entering a consent decree with the U.S. Environmental Protection Agency, the site...

East Bay Mun. Util. Dist. v. Department of Commerce

The court holds that the U.S. government is not liable as an operator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for hazardous waste cleanup costs at an abandoned mine site. The court first...