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Union Carbide Corp. v. Thiokol Corp.

The court holds that the past owner of a contaminated site is liable to the current owner under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for investigatory costs the current owner incurred at the site's solid waste management units (SWMUs). The court first ho...

Prisco v. New York

The court holds that genuine issues of material fact preclude summary judgment on a landowner's claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against New York State and state officials in connection with the dumping of waste at a landfill on her prop...

In re Reading Co.

The court holds that parties liable to the United States under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may not assert §113(f) contribution claims against the successor to a railroad whose CERCLA §107 liability to the government was discharged in bankruptc...

Penn Cent. Corp. v. United States

The court holds that the Regional Rail Reorganization Act of 1973 does not bar the U.S. government from pursuing a cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against railroad companies that are successors to the former owners of cont...

Graham Oil Co. v. BP Oil Co.

The court rules on several motions to dismiss a landlord's statutory and tort claims against a prior tenant that operated a gasoline station and three 10,000-gallon underground storage tanks that allegedly contaminated the site. The court first denies the tenant's motion to dismiss portions of the l...

Environment Now! v. Espy

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA) by not preparing an environmental impact statement (EIS) before selling timber in the Fish Creek Drainage area of the Sequoia National Forest, and denies a preliminary injunction against cutting...

National R.R. Passenger Corp. v. New York City Hous. Auth.

The court holds that a railroad alleged a prima facie claim for cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against private and public owners of buildings containing asbestos that allegedly flaked off onto the railroad's tracks and into the ...

Westlands Water Dist. v. Patterson

The court holds that the rights of two California county water districts to water allocations from the Central Valley Project (CVP) are inferior to the preexisting water allocation rights of parties who agreed not to exercise certain vested rights in exchange for substitute water. The districts chal...

Gould Inc. v. A&M Battery & Tire Serv.

The court holds that a party that settled its liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) with the U.S. Environmental Protection Agency (EPA) may bring a claim against other potentially responsible parties (PRPs) for contribution under CERCLA §...

Fried v. Sungard Recovery Servs., Inc.

The court holds that it has subject matter jurisdiction over the claims of workers against their employers for alleged exposure to asbestos under the Clean Air Act (CAA), but not under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that the ...