A district court held that a PRP established the divisibility defense and, therefore, is not jointly and severally liable for cleanup costs at the Lower Fox River Superfund site in Wisconsin. On…
A district court held that a corporation subject to an EPA unilateral administrative order (UAO) in connection with the Columbia Nitrogen Superfund site in Charleston, South Carolina, may seek…
The Ninth Circuit held that in allocating liability to a nonsettling defendant in a CERCLA contribution action, a district court has discretion to determine the most equitable method of accounting…
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…
The Fourth Circuit held that a public utility that sold used PCB-containing electrical transformers in the 1980s to a company for reconditioning and resale should not be held liable under CERCLA…
A district court held that a power company may seek contribution for some of the cleanup costs it incurred at a site adjacent to Lake Superior in Ashland, Wisconsin. The company's CERCLA §113…
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…
A district court held that an insurance company must defend and indemnify a manufacturing company for its costs responding to contamination at a landfill. The insurer argued that the policy's…
A district court held that a corporation may be held liable under CERCLA for contamination stemming from smelting operations in the early 1900s by a subsidiary of the corporation's…
A district court held that CERCLA §113(f)(2) does not afford the U.S. government protection from contribution claims brought by a third-party PRP in a case involving cleanup costs incurred at the…