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Underground storage tanks (USTs)

Elazar v. Macrietta Cleaners, Inc.

A New Jersey appellate court affirmed a lower court decision that dismissed as untimely shop owners' lawsuit against a town for injuries they allegedly suffered due to chemical vapors emanating from leaking USTs. Although the USTs...

North River Mews Assocs. v. Alcoa Corp.

In an unpublished opinion, a district court held that a developer may go forward with its CERCLA, tort law, and fraudulent concealment claims against the former owner of contaminated property under which PCB-contaminated USTs were...

State v. Bulk Petroleum Corp.

A Michigan appellate court upheld a lower court's imposition of over $2.5 million in penalties against the owners of a gas station for failing to comply with certain orders and statutory requirements in remediating contamination due to...

K-Y Enters., Ltd. Partnership v. Jester

A district court denied motions for summary judgment brought by the current or former owners of underground petroleum storage tanks who were sued under the Resource Conservation and Recovery Act (RCRA) by the owner of neighboring...

United States v. Tarkowski

The court awards an individual's attorneys $95,153.02 in attorney fees and expenses under the Equal Access to Justice Act (EAJA) for defending the individual in a Comprehensive Environmental Response, Compensation, and Liability Act (...

NRC Corp. v. Amoco Oil Co.

The court affirms a district court ruling that an oil company that operated a service station on leased property was liable to the lessor for all damages caused by a leaking underground storage tank, including the lessor's inability to...

Raymond K. Hoxsie Real Estate Trust v. Exxon Educ. Found.

The court holds that a landowner whose property was previously owned by gasoline companies, may bring Resource Conservation and Recovery Act (RCRA) claims against the companies for groundwater pollution allegedly caused by leaking...

Boyes v. Shell Oil Prods. Co.

The court holds that a district court abused its discretion by abstaining from hearing property owner's Resource Conservation and Recovery Act (RCRA) claims against two petroleum companies. The court first holds that Florida's...

Trident Inv. Management, Inc. v. Amoco Oil Co.

The court affirms a jury award for damages in a Resource Conservation and Recovery Act (RCRA) citizen suit brought by the owner of a shopping center that was contaminated by a neighboring gasoline station's leaking underground storage...