A district court dismissed homeowners' CERCLA, RCRA, and state-law claims against the former owners and operators of a manufacturing plant for alleged well-water contamination. The court…
The Ninth Circuit, in an unpublished opinion, held that environmental groups have standing to bring a RCRA citizen suit against the U.S. Forest Service for failing to regulate the disposal of…
The Second Circuit, in a summary order, upheld a coke company's convictions for RCRA violations at its facility near Buffalo, New York. The company claimed the RCRA convictions should be…
A district court held that an insurance company need not defend the owner of a landfill in an underlying CERCLA suit for recovery costs. The policy provided coverage for "wrongful entry,…
The Tenth Circuit reversed in part and affirmed in part a lower court decision holding the seller of contaminated yet commercially viable buildings liable as an arranger under CERCLA. Due to…
A district court held that the prior owner of a contaminated site is jointly and severally liable for the current owner's response costs under CERCLA §107(a). The prior owner argued that the…
In an unpublished opinion, a New Jersey appellate court held that the New Jersey Spill Compensation and Control Act (Spill Act) does not contain a "triggering notice" in order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…
The Sixth Circuit held that two administrative orders on consent (AOCs) that a power company entered into with EPA in connection with two coal gasification plants owned and operated by its…
The Federal Claims Court held that the U.S. government may not engage in discovery about oil companies' insurance policies in an underlying case concerning cleanup costs stemming from the…
A district court held that a waste broker is liable as an arranger under CERCLA and the Texas Solid Waste Disposal Act (TSWDA) in connection with the disposal of waste at the U.S. Oil Recovery…