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United States v. Kayser-Roth Corp.

The court holds that postconsent-decree circumstances do not justify modifying a consent decree between the U.S. Environmental Protection Agency and the current owner of a contaminated site that settled the current site owner's liability under the Comprehensive Environmental Response, Compensation, ...

Marbled Murrelet v. Pacific Lumber Co.

The court holds that an appropriations bill rider rescinding money from and limiting expenditures for species listing and critical habitat designation programs under the Endangered Species Act (ESA) does not relieve the U.S. Fish and Wildlife Service (FWS) of its obligation to comply with a court-im...

Dartron Corp. v. Uniroyal Chem. Co.

The court holds that the past owner of a contaminated site, who still owns land adjacent to the site, is liable to the current owner for breach of an as-is sales agreement under Ohio law, but may seek contribution of necessary response costs from the current owner under §113(f) of the Comprehensive...

Johnson County Airport Comm'n v. Parsonitt Co.

The court holds that a Kansas municipal airport commission that leased part of airport property to a dry cleaning company is a potentially responsible party (PRP) under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and may only pursue a §113(f) cont...

Sun Co. v. Browning-Ferris, Inc.

The court holds that a contribution claim under §113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) brought by plaintiff potentially responsible parties (PRPs) that incurred cleanup costs in response to a U.S. Environmental Protection Agency (EPA) administrati...

Frost v. Perry

The court holds that the U.S. government properly invoked the military and state secrets privilege, preventing a Resource Conservation and Recovery Act (RCRA) citizen suit regarding a classified site operated by the U.S. Air Force from proceeding. The court first notes that the military and state se...

United States v. Olin Corp.

The court holds that applying the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to a contaminated plant site that has virtually no effect on interstate commerce violates the Commerce Clause of the U.S. Constitution. Applying the U.S. Supreme Court's decision in Landg...

Boeing Co. v. Cascade Corp.

The court holds that a truck-parts manufacturer is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for 70 percent of the costs it and an airplane manufacturer incurred in investigating and remediating contamination of an aquifer. Both manufacturers own...

ACORN v. Edwards

The court holds that individuals and a citizen group are not entitled to attorney fees they incurred suing the state of Louisiana for violations of Safe Drinking Water Act (SDWA) §1464, which was enacted through the Lead Contamination and Control Act (LCCA). A district court had dismissed plaintiff...

New Windsor, Town of v. Tesa Tuck, Inc.

The court rules on several motions for summary judgment and to amend the pleadings in a town's suit under §§107 and 113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover costs it incurred cleaning up a municipal landfill. The court first holds that th...