A district court held that a lumber company's CERCLA action against the former owner of the company's sawmill and plywood manufacturing plant for reimbursement of past and future cleanup costs associated with the site is not barred by contract. When the lumber company purchased the plant in 1993, th...
A district court, on motions for summary judgment, held that a property owner may go forward with its CERCLA claims against a printing company for environmental contamination stemming from the company's operations, but it dismissed the owner's RCRA claims against the company. The printing compa...
A district court modified its equitable allocation of costs under §113 of CERCLA and the New Jersey Spill Act in connection with a site contaminated with TCE and other hazardous substances. The court originally allocated 65% of costs to the plaintiffs, 32% to the defendants, and 3% to the federal g...
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...
vUnited States v. Western Reman Industrial Inc., No. 11-cv-00008 (N.D. Ind. Jan. 10, 2011). A settling CERCLA defendant responsible for violations at the former Grissom Air Force Base in Peru, Indiana, must pay $300,000 in past and future U.S. response costs incurred at the site.
United States v. Lookout Mountain Mining & Milling Co., No. 11-0029 (D. Idaho Jan. 25, 2011). Settling CERCLA defendants responsible for violations at the Bunker Hill Mining and Metallurgical Complex Superfund site in northern Idaho must assign their interest in insurance policies to a trust and must pay 2% of net smelter returns from future activities.
United States v. Kansas City Southern Railway Co., No. 1:07-cv-1793 (W.D. La. Jan. 21, 2011). Under a modified 2008 consent decree, a settling CERCLA defendant's cleanup at the Ruston Foundry Superfund site in Alexandria, Louisiana, will permit unrestricted use of the site.
United States v. Blue Tee Corp., No. 5:11-civ-04004 (D. Kan. Jan. 14, 2011). A settling CERCLA defendant responsible for violations at three smelting facilities in Kansas must pay trustees a total of $180,298.27 in past assessment costs, future restoration planning costs, and operation and maintenance costs and must arrange for the purchase and transfer of a specified 80-acre parcel of property to offset injured, lost, and destroyed natural resources.
United States v. Seven Out LLC, No. 3:11-cv-0009-UAMH-MCR (M.D. Fla. Jan. 5, 2011). Settling CERCLA defendants responsible for violations at the BCX Tank Superfund site in Jacksonville, Florida, must pay $350,000 to the United States through their insurer and must pay the net proceeds from the sale of the site property to the United States.
In re Crucible Materials Corp., No. 09-11582 (Bankr. D. Del. Jan. 7, 2011). Settling CERCLA debtors responsible for violations at five sites in Onondaga County, New York, must provide the United States with general unsecured claims totaling $999,539; one debtor must provide an additional general unsecured claim of $20,564,000 in connection with one of the sites.