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CERCLA

Emergency Services Billing Corp. v. Allstate Insurance Co.

ELR Case

The Seventh Circuit held that automobile owners should not be held liable under CERCLA for costs incurred responding to automobile accidents. The case was brought by the billing agent of a fire department that sought response costs...

Oil Re-Refining Co. v. Pacific Recycling, Inc.

ELR Case

A district court dismissed a property owner's CERCLA claim for costs incurred responding to PCB contamination allegedly caused by an oil recycling company. The owner alleged that the company spilled PCBs on the site. But the $800,000...

Treatment of CERCLA Claims for Hazardous Waste Cleanup Costs in Bankruptcy

ELR Article

In this challenging economic climate, it is not uncommon for some companies who are potentially responsible parties (PRPs) involved in hazardous substances cleanup litigation under the federal Comprehensive Environmental Response,...

Pakootas v. Teck Cominco Metals Ltd.

ELR Case

A district court held that the state of Washington is not liable as an arranger under CERCLA for hazardous waste contamination stemming from mining operations on state lands. The state entered into mining contracts with a Canadian...

Saline River Properties, LLC, v. Johnson Controls, Inc.

ELR Case

A district court held that a developer may be liable under CERCLA for response costs the former owner of contaminated property incurred at the site. The developer, who now owns the site, filed suit against the former owner to enforce an...

Bankcorpsouth Bank v. Environmental Operations, Inc.

ELR Case

A district court held that a bank may go forward with its CERCLA and negligence claims against engineering and remediation companies that prepared and implemented an environmental remediation plan for property in which the bank holds an...

Tyco Thermal Controls LLC v. Redwood Industrials

ELR Case

A district court held that the owner of PCB-contaminated property is not entitled to injunctive relief under RCRA compelling the former owner to either pay for future cleanup costs at the property or take over remediation in its...

Queens West Development Corp. v. Honeywell International

ELR Case

A district court dismissed a development company's CERCLA contribution claim against a large corporation for costs the company incurred investigating and remediating environmental contamination on property caused by the corporation's...

United States v. ARG Corp.

ELR Case

A district court granted a city's motion to dismiss a company's third-party complaint against it for reimbursement of cleanup costs the U.S. government incurred responding to hazardous substances at an industrial site formerly owned by...

Hinds Investments, LP v. Angioloi

ELR Case

The Ninth Circuit upheld the dismissal of a shopping center owner's citizen suit action under RCRA against manufacturers of dry cleaning equipment. The owner argued that the manufacturers contributed to the release of hazardous waste...