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Emhart Industries Inc. v. New England Container Co.

A district court held that an industrial chemical company is not liable for fines for refusing to comply with an administrative order under CERCLA. In an previous decision, the company was found jointly and severally liable for the release of dioxin at the Centredale Manor Restoration Project Superf...

El Paso Natural Gas Co. LLC v. U.S.

A district court held that a natural gas company can seek contribution from the federal government for uranium contamination cleanup under CERCLA. The company filed suit against the federal government for contribution for costs incurred cleaning up 19 former uranium mines on a Navajo reservation as ...

Chevron Mining Inc. v. DOI

The Tenth Circuit held that a mining company has the right to recover cleanup costs at a Superfund site because the U.S. government was an owner under the statute. Over the last century, the mining company and its corporate predecessors mined molybdenum at a site near Questa, New Mexico. The mining ...

Spokane, City of v. Monsanto Co.

A district court held that an agriculture company cannot pursue Superfund cost recovery against Spokane, Washington, over polychlorinated biphenyl (PCB) contamination in the Spokane River. The company produced PCBs from 1935 to 1970 that the city of Spokane claimed contributed to the impairment of t...

American Petroleum Institute v. EPA

The D.C. Circuit held that EPA's verified recycler exclusion under RCRA was unreasonable. In 2015, EPA issued a final rule rule governing when certain hazardous materials qualify as “discarded,” subjecting them to the Agency's authority. The new rule required generators of waste to meet special ...

Employers Ins. of Wausau v. McGraw Edison Co.

The Sixth Circuit held that a battery company did not waive insurance coverage in connection with a battery storage facility in New Jersey because of a settlement with its insurance company decades prior. The battery company acquired another company and discovered that several of its factories may h...