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Dailey v. Bridgeton Landfill, LLC

A district court held that St. Louis home owners' nuisance claims against a pharmaceutical company alleging migration of radioactive materials to their property were preempted by the Price-Anderson Act (PAA). The home owners claimed that their property had been damaged by soil, dust, and air contami...

Illinois v. Nagle Station, LLC

An Illinois appellate court held that owners of an apartment building tainted by a leaky underground gasoline storage tank should have been allowed to join cleanup litigation brought by the state. The state sued two oil companies for a 2014 spill that contaminated soil and groundwater. The spill cre...

Hampton Rds. Sanitation Dist. v. Va. Dep't Of Envtl. Quality

A Virginia appeals court held that ash from incineration of biosolids at a wastewater treatment plant cannot be used to raise the ground level of a flood-prone agricultural field. In 2008, the Hampton Roads Sanitation District (HRSD) began using the ash to raise the ground level of flood-prone field...

AES P.R., LP v. Trujillo-Panisse

The First Circuit struck down two Puerto Rican municipalities' ban of the disposal of coal ash at landfills within their borders. In 2015, Puerto Rico's Environmental Quality Board (EQB) approved a request from two landfills to receive coal ash from a coal-fired energy plant. Two years prior, the mu...

Heartland Catfish Co. v. Navigators Specialty Ins. Co.

A district court held that an insurer is not liable for damages in connection with environmental cleanup costs stemming from a biofuel firm's recycling of catfish and other oils. The biofuel firm entered into a fat, oil, and grease recycling agreement (FOG) with a catfish company and rented property...

Oil Re-Refining Co. v. Envtl. Quality Comm'n

The Oregon Supreme Court ruled that a company that ran a waste treatment and disposal facility was liable for transporting hazardous waste without the proper manifest forms. The company contracted to transport waste from a polymer manufacturer's factory to its treatment facility. The company had pre...

Qinault Indian Nation v. Imperium Terminal Services, LLC

The Washington Supreme Court held that the state's Ocean Resources Management Act (ORMA) applies to two bulk liquid storage companies' oil terminal expansions on the shores of Gray Harbor. The two companies applied to expand their bulk liquid storage terminals to allow for the receipt, storage, and ...

Abbo-Bradley v. City of Niagara Falls

A New York appellate court held that residents may go forward with their personal injury and property damage claims against a city and various companies for failing to properly remediate toxic contamination at the Love Canal Superfund site and for allowing toxins to be released during a 2011 sewer p...

Smith v. ConocoPhilips Pipe Line Co.

The Eighth Circuit reversed a lower court decision certifying as a class a group of homeowners alleging nuisance claims against an oil company that owns a nearby contaminated site. A pipeline leak was discovered under the site in the 1960s, and while the leak was repaired, the contamination was neve...

Multistar Industries, Inc. v. U.S. Department of Transportation

The Ninth Circuit upheld DOT's decision ordering a hazardous waste motor carrier to cease operations following an unsatisfactory safety rating. The carrier argued that the unsatisfactory safety rating on which the cessation order was based was premised on the misapplication of certain safety regulat...