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Gadsden Indus. Park, LLC v. United States

A district court held an Alabama industrial park owner can't pursue claims against the federal government for damage to its property that occurred during a Superfund cleanup. As part of the cleanup, EPA disposed of, cut, severed, tore...

FMC Corp. v. Shosone-Bannock Tribes

A district court held that a tribal appellate court had the authority to impose permit fees on an operator of a phosphorus production plant. The plant sits on 1,450 acres of land lying mostly within Shoshone-Bannock Fort Hall...

Illinois v. Nagle Station, LLC

An Illinois appellate court held that owners of an apartment building tainted by a leaky underground gasoline storage tank should have been allowed to join cleanup litigation brought by the state. The state sued two oil companies for a...

United States v. Spatig

The Ninth Circuit held that a trial court did not err in not allowing evidence of the defendant's diminished mental capacity in a case involving a criminal conviction under RCRA. The defendant was sentenced to 46 months in prison for...

Lajim, LLC v. Gen . Electric Co.

A district court ruled that a manufacturing company will not be required to conduct further investigation of contamination that is already subject to a remediation agreement. In 2010, a consent agreement between the manufacturing...

SPS LP v. Sparrows Point, LLC

A district court ruled that passive migration of benzene from a former steel mill to an adjoining shipyard does not make the owners liable for a "disposal" under CERCLA. The plaintiff's shipyard contained a "graving dock," which is used...

Emhart Industries Inc. v. New England Container Co.

A district court held that an industrial chemical company is not liable for fines for refusing to comply with an administrative order under CERCLA. In an previous decision, the company was found jointly and severally liable for the...

El Paso Natural Gas Co. LLC v. U.S.

A district court held that a natural gas company can seek contribution from the federal government for uranium contamination cleanup under CERCLA. The company filed suit against the federal government for contribution for costs incurred...

Chevron Mining Inc. v. DOI

The Tenth Circuit held that a mining company has the right to recover cleanup costs at a Superfund site because the U.S. government was an owner under the statute. Over the last century, the mining company and its corporate predecessors...

Spokane, City of v. Monsanto Co.

A district court held that an agriculture company cannot pursue Superfund cost recovery against Spokane, Washington, over polychlorinated biphenyl (PCB) contamination in the Spokane River. The company produced PCBs from 1935 to 1970...