Jump to Navigation
Jump to Content

Waste

American Petroleum Institute v. Environmental Protection Agency

The D.C. Circuit clarified an earlier ruling vacating portions of a 2015 rule that defined when certain hazardous materials were deemed discarded—as opposed to legitimately recycled—and therefore subject to EPA's oversight under RCRA....

Sunnyside Gold Corp. v. Environmental Protection Agency

The D.C. Circuit dismissed a mining company's lawsuit challenging EPA's decision to place the entire Bonita Peak Mining District, located in Colorado's Mineral Belt, on the NPL. The mining company owns a mine located in the district,...

New Jersey DEP v. Exxon Mobil Corp.

The New Jersey Superior Court upheld an oil company's $225 million Spill Act settlement in connection with contamination at two oil refineries in Bayonne and Linden, New Jersey. The natural resources damages were estimated at $8.9...

New Mexico v. EPA

A district court held that a government contractor may be liable under CERCLA in connection with the Gold King mine spill in Colorado. In 2016, the contractor caused a breach that released more than 3 million gallons of acid mine...

Robert H. Law, Inc. v. Woodbine Business Park, Inc.

A district court dismissed CERCLA claims against a construction company because there was no evidence that its actions contributed to soil contamination near the site. A contractor purchased topsoil from a company that is adjacent to a...

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...

Coppola v. Smith

A district court held that a California city does not have to pay a settlement to a dry cleaner for chemical contamination near his property per a condition of their settlement agreement. After discovering a perchloroethylene (PCE)...

Waverley View Investors, LLC v. United States

The Court of Federal Claims held that a land owner is entitled to compensation for wells and an access road installed to monitor contamination on a property adjacent to Fort Detrick. A Maryland landowner was faced with a demand under...

CERCLA Regulatory Challenges and Changes—What to Expect in 2018

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, requires responsible parties to clean up and remediate contaminated sites. Many states have similar local requirements. In...

Atl. Richfield Co. v. Mont. Second Judicial Dist. Court

The Montana Supreme Court held that owners of private land within a Superfund site can proceed with a compensation suit against an oil company to restore their properties beyond the remedies approved by EPA for the Superfund site as a...