The court holds that it may allocate part of the orphan share responsibility for cleanup costs at a contaminated site to third-party defendants in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action. The court first holds that the direct defendants' ...

The court holds that the Bureau of Land Management's (BLM's) management plan for the Donner und Blitzen River violates the Wild and Scenic Rivers Act (WSRA), the National Environmental Policy Act (NEPA), and the Administrative Procedure Act (APA). The court first holds that plaintiff environmental g...

The court holds that four defendants in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action by the former operator of a battery breaking facility are liable as arrangers for cleanup costs incurred at the site. The court first grants summary judgment to the operato...

The court holds that the final purchaser of electrical transformers, and its agent, are liable as arrangers under the Comprehensive Environmental Response, Compensation, and Liability Act for polychlorinated biphenyl (PCB) contamination at the site of the transformers' ultimate disposal. The court f...

The court holds that disputed factual issues preclude it from determining an oil company's liability as an arranger under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for a phenolic caustic spill at a chemical processing plant. The court first holds that the pla...

The court holds that the United States and Colorado may recover from defendant potentially responsible party (PRP) response costs incurred in cleaning up the Broderick Wood Products Company site. The court previously found defendant liable under the Comprehensive Environmental Response, Compensation...

The court holds that the city of Atlanta's three water pollution control plants (WPCPs) achieved phosphorus discharge reductions mandated by state statutes, their state-issued national pollutant discharge elimination system (NPDES) permits, and a consent order between the city and the Georgia Enviro...

The court holds that under Minnesota law, public policy prohibits a contractor that demolished a city-owned warehouse and allegedly violated the Clean Air Act's (CAA's) asbestos regulations from asserting a third-party claim for indemnity against the city. The court first holds that because the cont...

The court assesses a $60,150 penalty against a metal finishing plant for violating the Federal Water Pollution Control Act (FWPCA) by failing to control its discharge of pollutants, failing to submit timely and complete reports, and failing to sample and analyze its regulated wastewater before disch...

The court holds that a metal finishing plant that discharged pollutants into a publicly owned treatment works that flowed into an intermittently dry tributary violated the Federal Water Pollution Control Act (FWPCA). The court first holds that the tributary into which the pollutants were discharged ...