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Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

The Supreme Court Opens a Door in ARCO v. Christian, Part Two

In its Atlantic Richfield Co. v. Christian opinion, the U.S. Supreme Court addressed the timing of judicial review in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as well as landowners’...

The Supreme Court Opens a Door in Arco v. Christian, Part One

In its Atlantic Richfield Co. v. Christian opinion, the U.S. Supreme Court addressed the timing of judicial review in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as well as landowners’...

United States v. Sterling Centrecorp Inc.

The Ninth Circuit affirmed a lower court ruling in a lawsuit concerning the U.S. government's and California's recovery of cleanup costs from a hazardous waste spill in the Sierra Nevada foothills that released toxic amounts of arsenic...

United States v. United Park City Mines Co.

The Tenth Circuit upheld a lower court ruling ordering mining and finance companies to comply with EPA's requests for information related to cleanup of a contaminated site in Utah. The companies argued that EPA exceeded its authority...

New Jersey Department of Environmental Protection v. American Thermoplastics Corp.

The Third Circuit held that a PRP's settlement with New Jersey resolving its state-law liability in connection with contamination at a municipal landfill did not protect the party from lawsuits seeking contribution toward expenditures...

Failure to Notify: Exploring Charging and Sentencing Patterns in Superfund Criminal Prosecutions

This Comment explores charging and sentencing patterns in federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) prosecutions, and charts the evolution of how CERCLA has been used by U.S. Environmental...

Meritor, Inc. v. Environmental Protection Agency

The D.C. Circuit upheld EPA's 2018 decision to add a wheel-covering facility in Mississippi to the NPL. The company that assumed environmental liabilities for the facility argued that EPA improperly applied the hazard ranking system...

PPG Industries Inc. v. United States

The Third Circuit affirmed a district court ruling that the U.S. government was not liable to a coatings company for cleanup costs at a chromite ore processing plant with which it was involved during World War I and World War II. The...

Atlantic Richfield Co. v. Christian

The U.S. Supreme Court affirmed in part and vacated in part the Montana high court's ruling in a lawsuit concerning cleanup actions across a 300-square-mile Superfund site in Butte. Landowners whose properties are located within the...

Idaho Conservation League v. Wheeler

The D.C. Circuit upheld EPA's decision not to issue financial responsibility requirements for the hard-rock mining industry. Environmental groups argued the decision violated CERCLA by wrongly interpreting the term "risk" in the...

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