A district court dismissed property owners' CERCLA, RCRA, and CWA claims against the current owner of a contaminated site for damages caused by the migration of contamination onto their property. Each of the three federal statutes requires plaintiffs to provide the owner with particular notice of th...
United States v. Winchester Municipal Utilities, No. 06-102-KSF (E.D. Ky. Jan. 19, 2011). Under a modified 2007 consent decree, a settling CWA defendant responsible for stormwater runoff pollution into the Lower Howards Creek Watershed must spend $203,000 on a watershed management plan that replaces the original supplemental environmental project.
United States v. City of Evansville, No. 3:09-CV-128 (S.D. Ind. Jan. 6, 2011). A settling CWA defendant responsible for violations in the operation of its municipal wastewater and sewer system must pay a $420,000 civil penalty to the United States and a $70,000 civil penalty to Indiana, must spend an estimated $4 million to connect homes with failing septic systems to the city's sewer system, and must remedy the deficiencies in the sewer system at a cost that may exceed $500 million no later than 2037.