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New Jersey v. Gloucester Envtl. Management Servs., Inc.

A district court denied New Jersey's motion to amend a 1997 consent decree concerning the Gloucester Environmental Management Services, Inc., landfill and ordered it to comply with the terms of the decree. The state alleged that the...

Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. Co.

The court reverses and remands a district court's allocation of insurance coverage costs between an insured and its excess insurers for soil, groundwater, and wetlands contamination at the insured's tank truck terminal. The court first...

Voorhees, Township of v. New Jersey Dep't of Envtl. Protection

The court holds that a town may recover under the New Jersey Sanitary Landfill Facility Closure and Contingency Fund Act costs it incurred cleaning up contamination from a closed landfill on property that it bought before passage of the...

Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. Co.

Present BECKER, STAPLETON, MANSMANN, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and SAROKIN, Circuit Judges.

The court holds that under New Jersey law, a chemical transporter is entitled to indemnification from its excess...

Sumitomo Mach. Corp. of Am. v. AlliedSignal, Inc.

The court reverses a district court decision that an agreement requiring a company to remediate contaminated property its predecessor sold does not require the property's purchaser to execute deed restrictions limiting future property...

New Jersey Dep't of Envtl. Protection v. Gloucester Envtl. Management Servs.

The court holds that when the state of New Jersey acts in its sovereign capacity to invoke the jurisdiction of a federal court to assert state-law claims against a waste hauler and its customers, it waives its Eleventh Amendment...

Mannington Mills, Inc. v. Shinn

The court holds that a state environmental department did not violate the Equal Protection Clause of the U.S. Constitution by considering a vinyl flooring manufacturer's ability to pay for cleaning up environmental contamination at its...

Strawn v. Incollingo

The court holds that the developer-seller of residential housing and its broker had a duty to disclose to potential buyers the existence of a nearby closed landfill, which was unknown to the buyers, was known or should have been known...

Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. Co.

The court holds that a tank truck company is not entitled to summary judgment on claims against its insurers for indemnification of costs resulting from a government action against it under the Comprehensive Environmental Response,...