The Ninth Circuit upheld the dismissal of environmental groups' RCRA citizen suit against a railroad company seeking to enjoin the emission of particulate matter found in diesel exhaust from…
The Eighth Circuit upheld the dismissal of a company's breach of contract and contribution claims against a railroad in connection with a lead-contaminated Superfund site in Omaha, Nebraska.…
The Ninth Circuit affirmed in part and reversed in part a lower court decision approving CERCLA consent decrees between settling parties and the state concerning cleanup costs stemming from a…
The D.C. Circuit denied a petition for review challenging EPA's decision to add property formerly owned by a manufacturing company to the NPL. The company argued that in listing the site, EPA…
The D.C. Circuit vacated EPA's comparable fuels exclusion, which exempts all fuels deemed comparable to non-hazardous waste-derived fossil fuels from the requirements set forth in RCRA §3004(…
The D.C. Circuit vacated EPA's gasification exclusion rule, which exempts from RCRA certain hazardous residuals left over from the petroleum refining process. Under the exclusion, oil-bearing…
The Federal Circuit held that the United States must pay a California utility $53,159,863 for DOE's failure to accept and dispose of spent nuclear fuel and high-level radioactive waste. Under…
The U.S. Supreme Court held that CERCLA §309 does not preempt a state's statute of repose. The case arose after property owners filed suit against a manufacturing company for alleged…
A New York appellate court held that the subsequent owner of property formerly used as a permitted hazardous waste treatment, storage, or disposal (TSD) facility need not provide financial…
The Second Circuit upheld a lower court decision dismissing a developer's CERCLA indemnity claim for remediation costs it incurred as the owner of a building contaminated by toxic dust from…