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Contaminated Sites/Brownfields

United States v. Atlantic Richfield Co.

A district court held that residents of the West Calumet Housing Complex in East Chicago cannot intervene in a CERCLA settlement agreement after the agreement was approved. In 2016, residents of the housing complex were told to evacuate...

Southern Pilot Insurance Co. v. Matthews Auto Repair, Inc.

A district court held that an insurance company cannot back out of an insurance policy because a policyholder entered into a voluntary environmental cleanup agreement. The policyholder agreed to sell its land and allowed the buyer to do...

Employers Ins. of Wausau v. McGraw Edison Co.

The Sixth Circuit held that a battery company did not waive insurance coverage in connection with a battery storage facility in New Jersey because of a settlement with its insurance company decades prior. The battery company acquired...

Cincinnati Insurance Co. v. Roy's Plumbing, Inc.

The Second Circuit, in a summary order, affirmed a lower court decision that an insurance company has no duty to defend a plumbing company in an underlying state suit related to chemical contamination at Love Canal near Niagara Falls,...

Mao v. PIERS Envtl. Servs., Inc.

A California appellate court held that an environmental consultant hired by a lender had no duty to a prospective buyer of contaminated property. The buyer filed a negligence claim against the consultant group for an EA it performed in...

Brownfields to Green: A Proposal for Redevelopment of Brownfields Property for Natural Resource Value

There are many sites in the United States that are blighted or undeveloped because of actual or perceived environmental contamination. Often, these sites are “orphans,” without existing owners having the wherewithal to undertake...

Ridge Seneca Plaza, LLC v. BP Products North America Inc.

The Second Circuit, in a summary order, affirmed a lower court decision dismissing a property owner's lawsuit against a nearby gas station operator for contaminating the owner's shopping plaza and against a cleanup contractor for...

Broussard v. Chevron USA, Inc.

A district court held that it would not waive the statute of limitations in a breach of contract case filed by the heirs of a cattle rancher against an oil company for contaminating the rancher's property. The suit stems from the...

Ferris v. Location 3 Corp

A Wisconsin appellate court held that real estate agents may be held liable to the purchasers of their client's property for failing to disclose that a landfill next to the purchased property was a Superfund site. The purchasers...

Brownfields Development: From Individual Sites to Smart Growth

Editor's Summary

In recent years, the links between brownfields redevelopment and smart growth have strengthened. EPA cites brownfield rehabilitation as an essential component of smart growth, as site rehabilitation recreates...