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PCB contamination

PCS Phosphate Co. v. American Home Assurance Co.

ELR Case

A district court held that an insurer has no duty to defend or indemnify a company in two underlying actions seeking contribution for past and future costs incurred at a PCB-contaminated site. The company had sent transformers to the...

United States v. Dico

ELR Case

The Tenth Circuit reversed in part and affirmed in part a lower court decision holding the seller of contaminated yet commercially viable buildings liable as an arranger under CERCLA. Due to hazardous substance contamination, the...

South Carolina: Water

ELR State Update Item

Appleton Papers Inc. v. George A. Whiting Paper Co.

ELR Case

A district court held that a paper company that sold "broke," a byproduct of its manufacturing process, to paper recyclers was not an arranger under CERCLA for PCB contamination in a river. The company lacked knowledge that broke could...

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...

Lancaster v. Northern States Power Co.

ELR Case

A district court dismissed property owners' CERCLA, tort, and state-law claims against a power company for alleged PCB contamination. A former employee of the company lived at the property before it was sold to the current owners. While...

Appleton Papers Inc. v. George A. Whiting Paper Co.

ELR Case

A district court held that a paper company is entitled to contribution from a downstream company for costs it incurred cleaning up PCB contamination at four of five operable units along a river. The court previously ruled that the...