A Wisconsin appellate court held that real estate agents may be held liable to the purchasers of their client's property for failing to disclose that a landfill next to the purchased property was a Superfund site. The purchasers learned that the landfill was a Superfund site shortly after closin...

A district court granted in part and denied in part motions to dismiss a property owner's CERCLA, RCRA, and state law claims against former owners and operators of nearby properties. One defendant argued that the court lacked subject matter jurisdiction over the RCRA claim because the notice let...

An Ohio appellate court held that a city is not immune from residents' negligence lawsuit against it concerning pollution allegedly caused by a city landfill. The city argued that it was immune from suit because the operation of the landfill was a governmental function rather than a proprietary ...

The Ninth Circuit upheld the dismissal of a dry cleaner's CERCLA and tort law claims against the manufacturer of dry cleaning equipment. The dry cleaner failed to present evidence giving rise to a genuine dispute as to any material fact with respect to its CERCLA claim. A person may be subject t...

The Ninth Circuit upheld the dismissal of a shopping center owner's citizen suit action under RCRA against manufacturers of dry cleaning equipment. The owner argued that the manufacturers contributed to the release of hazardous waste into the environment by virtue of their machinery, which was a...

A district court granted a city's motion to dismiss a company's third-party complaint against it for reimbursement of cleanup costs the U.S. government incurred responding to hazardous substances at an industrial site formerly owned by the company. The government filed suit against the company under...

A Washington appellate court affirmed a lower court decision holding the state transportation agency liable to two utilities for contribution costs incurred at the Thea Foss Waterway, a Superfund site, under the state's Model Toxics Control Act (MTCA). The agency argued that the lower court erred in...

A district court held that the current owner of a service station may be held liable under CERCLA for the actions of its predecessor and therefore dismissed the owner's motion for summary judgment. The owner's predecessor allegedly generated and then disposed of waste oil at the site between...

A district court dismissed a city's CERCLA §107(a) suit against the United States to recover past and future response costs incurred at the former Schilling Air Force Base area in Salina, Kansas. CERCLA §113(h) bars challenges to ongoing response actions being taken under §104. Here, the ...