Weekly Cases Update Volume 44, Issue 7

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 44, Issue 14

ELR 201052013-5051(Fed. Cir., )

The Federal Circuit held that the U.S. government must reimburse four oil companies for CERCLA costs they incurred cleaning up contamination stemming from the production of high-octane aviation gas (avgas) during World War II.

Keywords:
Government contracts, Contract interpretation
ELR 201032:13-5005(S.D. W. Va., )

A district court held that a coal company violated the CWA and SMCRA by discharging excessive amounts of selenium into the waters of West Virginia.

Keywords:
State programs, §402(b), Violations, Surface mining
ELR 2010410-4197(2d Cir., )

The Second Circuit upheld a lower court decision dismissing a developer's CERCLA indemnity claim for remediation costs it incurred as the owner of a building contaminated by toxic dust from the September 11, 2001, attack on the World Trade Center.

Keywords:
Release from liability