A district court dismissed a company's declaratory judgment action concerning its liability for cleanup costs that EPA incurred at the Hudson Oil Refinery Superfund site in Cushing, Oklahoma. The company owned and operated the site from 1943 to 1977, when it sold the refinery to the current owner. I...

A district court held that the owner of a contaminated property that was once the site of a paper mill may not seek response costs from a company that had purchased the assets of the prior owner of the mill. The owner argued that the company was liable under CERCLA under a de facto merger theory of ...

A district court dismissed a city's RCRA action against two power and gas companies concerning a methane gas leak from natural gas pipelines and waste oil contamination from a former manufacturing gas plant. Because methane gas does not meet the definition of "solid waste" under RCRA, the city canno...

A district court held that a 2014 settlement agreement between a spinoff company, the U.S. government, an energy company, and its parent bars over 4,300 individuals from bringing Pennsylvania tort claims arising from the operation of a wood treatment plant formerly owned and operated by the spinoff'...

A district court dismissed homeowners' CERCLA, RCRA, and state-law claims against the former owners and operators of a manufacturing plant for alleged well-water contamination. The court dismissed the CERCLA claims because the homeowners failed to allege that they incurred any recoverable response c...

The Ninth Circuit, in an unpublished opinion, held that environmental groups have standing to bring a RCRA citizen suit against the U.S. Forest Service for failing to regulate the disposal of spent lead ammunition in the Kaibab National Forest. The groups allege that the Forest Service's failure to ...

The Second Circuit, in a summary order, upheld a coke company's convictions for RCRA violations at its facility near Buffalo, New York. The company claimed the RCRA convictions should be reversed because it lacked fair notice that its conduct was criminal. But it failed to raise this argument below....

A district court held that an insurance company need not defend the owner of a landfill in an underlying CERCLA suit for recovery costs. The policy provided coverage for "wrongful entry," and the owner argued this provision applied because the underlying complaint alleges that odors, gas, and hazard...

A district court held that the prior owner of a contaminated site is jointly and severally liable for the current owner's response costs under CERCLA §107(a). The prior owner argued that the current owner has not incurred costs that are necessary or consistent with the NCP. But there is ample uncon...

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 buildings were under an EPA order regulating their use. The prior owne...