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PCBs

Westport, Town of v. Monsanto Co.

ELR Case

The First Circuit held that a pesticide company is not liable for cleaning up PCB-laden caulk installed in a Massachusetts middle school in the 1960s. Before August 1970, the pesticide company sold PCB mixtures to formulators of...

Liebhart v. SPX Corp.

ELR Case

A district court held that polychlorinated biphenyls (PCBs) being regulated under TSCA does not bar a Wisconsin couple from bringing a citizen suit under RCRA against a neighboring property owner for releasing PCBs during the demolition...

North River Mews Assocs. v. Alcoa Corp.

ELR Case

In an unpublished opinion, a district court held that a developer may go forward with its CERCLA, tort law, and fraudulent concealment claims against the former owner of contaminated property under which PCB-contaminated USTs were...

Utah: Toxic Substances

ELR State Update Item

Consolidated Coal Co. v. Georgia Power Co.

ELR Case

The Fourth Circuit held that a public utility that sold used PCB-containing electrical transformers in the 1980s to a company for reconditioning and resale should not be held liable under CERCLA as an arranger. EPA added the site to the...

Sierra Club v. McLerran

ELR Case

A district court held that although EPA did not violate its nondiscretionary duty under the CWA to either approve or disapprove a TMDL for PCBs in the state of Washington, it acted contrary to law in determining that a "Regional Toxics...

Delaware: Quality

ELR State Update Item

United States v. NCR Corp.

ELR Case

A district court denied a group of companies' motion for summary judgment challenging the government's remedy for cleaning up PCB contamination in Wisconsin's Fox River. The companies argued that the administrative record is fatally...

United States v. NCR Corp.

ELR Case

The Seventh Circuit upheld a lower court's preliminary injunction compelling a PRP to complete the remediation work concerning PCB contamination at the Fox River in Wisconsin that was scheduled for this year. The PRP has performed a...