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Waste

Pieper v. United States

The Fourth Circuit held that a proposed class of residents alleging that improper chemical disposal at a Frederick, Maryland, Army base contaminated their groundwater can't sue the government. The residents brought a claim under the...

Sweet Lake Land & Oil Co. v. Oleum Operating Co.

A Louisiana appeals court held that an oil company's oilfield cleanup plan was properly rejected by a trial court. An oil company sued a larger oil company alleging environmental damage to its property caused by decades of oil and gas...

Strategic Envtl. Partners, LLC v. N.J. Dep't of Envtl. Protection

A district court held that a solar energy company that entered into an agreement to close a landfill and turn it into a solar farm cannot recover closure costs under CERCLA. The solar company bought the property and entered into an...

TDY Holdings, LLC v. United States

The Ninth Circuit reversed a district court decision that allocated 100% liability under CERCLA to a government contractor seeking contribution from the U.S. government. For 60 years the contractor operated a manufacturing facility...

Gadsden Indus. Park, LLC v. United States

A district court held an Alabama industrial park owner can't pursue claims against the federal government for damage to its property that occurred during a Superfund cleanup. As part of the cleanup, EPA disposed of, cut, severed, tore...

FMC Corp. v. Shosone-Bannock Tribes

A district court held that a tribal appellate court had the authority to impose permit fees on an operator of a phosphorus production plant. The plant sits on 1,450 acres of land lying mostly within Shoshone-Bannock Fort Hall...

Illinois v. Nagle Station, LLC

An Illinois appellate court held that owners of an apartment building tainted by a leaky underground gasoline storage tank should have been allowed to join cleanup litigation brought by the state. The state sued two oil companies for a...

United States v. Spatig

The Ninth Circuit held that a trial court did not err in not allowing evidence of the defendant's diminished mental capacity in a case involving a criminal conviction under RCRA. The defendant was sentenced to 46 months in prison for...

Lajim, LLC v. Gen . Electric Co.

A district court ruled that a manufacturing company will not be required to conduct further investigation of contamination that is already subject to a remediation agreement. In 2010, a consent agreement between the manufacturing...

SPS LP v. Sparrows Point, LLC

A district court ruled that passive migration of benzene from a former steel mill to an adjoining shipyard does not make the owners liable for a "disposal" under CERCLA. The plaintiff's shipyard contained a "graving dock," which is used...