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Waste

New Mexico v. EPA

A district court held that a government contractor may be liable under CERCLA in connection with the Gold King mine spill in Colorado. In 2016, the contractor caused a breach that released more than 3 million gallons of acid mine...

Robert H. Law, Inc. v. Woodbine Business Park, Inc.

A district court dismissed CERCLA claims against a construction company because there was no evidence that its actions contributed to soil contamination near the site. A contractor purchased topsoil from a company that is adjacent to a...

United States v. Atlantic Richfield Co.

A district court held that residents of the West Calumet Housing Complex in East Chicago cannot intervene in a CERCLA settlement agreement after the agreement was approved. In 2016, residents of the housing complex were told to evacuate...

Coppola v. Smith

A district court held that a California city does not have to pay a settlement to a dry cleaner for chemical contamination near his property per a condition of their settlement agreement. After discovering a perchloroethylene (PCE)...

Waverley View Investors, LLC v. United States

The Court of Federal Claims held that a land owner is entitled to compensation for wells and an access road installed to monitor contamination on a property adjacent to Fort Detrick. A Maryland landowner was faced with a demand under...

Atl. Richfield Co. v. Mont. Second Judicial Dist. Court

The Montana Supreme Court held that owners of private land within a Superfund site can proceed with a compensation suit against an oil company to restore their properties beyond the remedies approved by EPA for the Superfund site as a...

Kimberly-Clark Corp. v. District of Columbia

A district court ruled that the District of Columbia's flushable wipe law won't take effect as scheduled. The law, which was to take effect January 1, 2018, stated that wipes labeled "flushable" must readily break up and degrade in...

Birmingham, City of v. Good

The Delaware Supreme Court held that an energy company's shareholders cannot proceed with their suit against the company's directors and officers over the costs of addressing a coal ash spill into North Carolina's Dan River. In 2014, a...

Monterey Coastkeeper v. Monterey County Water Resources Agency

A California appellate court reversed a lower court's judgment that directed a state water resources agency to file a report of waste discharges in violation of the state water quality law. An environmental organization alleged that the...

Southern Pilot Insurance Co. v. Matthews Auto Repair, Inc.

A district court held that an insurance company cannot back out of an insurance policy because a policyholder entered into a voluntary environmental cleanup agreement. The policyholder agreed to sell its land and allowed the buyer to do...