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Waste (generally)

Neodesha, City of v. BP Corp. N. Am. Inc.

A district court held it had no authority to impose municipal penalties in a case involving a Kansas city's groundwater contamination claims against an oil company. The city sued the oil company in federal court for allowing benzene and...

Pope Resources, LP v. Washington State Department of Natural Resources

A Washington State appellate court held that the state Department of Natural Resources (DNR) can be held liable as an "owner or operator" under the state Model Toxic Control Act (MTCA) at the Port Gamble Bay and Mill site. The...

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...

Entergy Nuclear Indian Point 2, LLC v. United States

The Federal Claims Court held that DOE owes an energy company nearly $34.5 million in damages for failing to perform its contractual obligations to remove spent nuclear fuel from a nuclear power plant in New York. The court granted all...

Entergy Nuclear Palisades, LLC v. United States

The Federal Claims Court held that DOE owes an energy company $13.8 million in damages for failing to perform its contractual obligations to remove spent nuclear fuel from a nuclear power plant in Covert, Michigan. The court found in...

New York v. U.S. Nuclear Regulatory Commission

The D.C. Circuit denied several states', environmental groups', and Native Americans' petitions for review challenging an NRC rule and generic EIS concerning the continued, and possibly indefinite, storage of spent fuel from nuclear...

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In an unpublished opinion, a New Jersey appellate court held that the New Jersey Spill Compensation and Control Act (Spill Act) does not contain a "triggering notice" in order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