Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

A district court held that a cartage company that leased a parcel of land in the 1960s may be held liable for response costs the property owner incurred at the site under CERCLA as an operator,…

The Third Circuit, in a case involving a contaminated site in New Jersey, affirmed in part and reversed in part a lower court decision finding the former owner of the site liable to the current…

The Seventh Circuit held that the trustees of a fund established to finance and oversee the cleanup of a contaminated site near Zionsville, Indiana, may go forward with their lawsuit under CERCLA…

The Ninth Circuit affirmed in part and reversed in part a lower court decision granting summary judgment in favor of homeowners and the Nevada Division of Environmental Protection in a CERCLA and…

The Fourth Circuit held that the discovery rule set forth in CERCLA §309 preempts North Carolina's 10-year limitation on the accrual of real property claims. The case arose after landowners…

A district court held that a settlement agreement bars a mining corporation from seeking contribution from a railroad company under CERCLA for environmental liability related to the Omaha Lead…

A district court held, in an unpublished opinion, that a company that sold its facility, including equipment that contained asbestos dust and waste, may not be held liable as an owner or operator…

A district court denied an electric company's motion for reconsideration of a previous ruling that genuine issues of material fact preclude a finding of summary judgment in a contribution…

The Eleventh Circuit, in an unpublished opinion, reversed and remanded a lower court decision dismissing a company's cost recovery action under CERCLA for failure to state a claim. The lower…

The Fourth Circuit affirmed a lower court decision allocating response costs to various PRPs in connection with the cleanup of hazardous substances at a former fertilizer manufacturing site in…