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Atlantic Richfield Co. v. American Airlines, Inc.

The court holds that nonsettling defendants' liability to a private plaintiff under §113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the cleanup of a hazardous waste site is reduced by the dollar amount that settling defendants paid the plaintiffs, not ...

Babbitt v. Sweet Home Chapter of Communities for a Great Or.

The U.S. Supreme Court upholds a U.S. Fish and Wildlife Service (FWS) regulation that defines Endangered Species Act (ESA) §9's prohibition on "taking" endangered or threatened species to include "significant habitat modification or degradation where it actually kills or injures wildfire." The Cour...

In re Ballard Shipping Co.

The court holds that the federal admiralty rule that economic losses are not recoverable absent physical harm precludes shellfish dealers' federal claims for economic damages resulting from an oil spill in Narragansett Bay, Rhode Island, but that the federal rule does not preempt the dealers' state-...

Barton Solvents, Inc. v. Southwest Petro-Chem, Inc.

The court holds that a private potentially responsible party (PRP) seeking to recover costs it has incurred and will incur in cleaning up a site it owns in Valley Center, Kansas, may bring a cost recovery action against other private PRPs under §107 of the Comprehensive Environmental Response, Comp...

Beazer E., Inc. v. Mead Corp.

The court holds that an agreement for the sale of a contaminated Alabama plant does not require the buyer's successor to indemnify the seller's successor for response costs it incurred under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in cleaning up the site. T...

Beck v. Atlantic Richfield Co.

The court holds that a district court lacked jurisdiction over water users' state-law claims for compensatory and injunctive relief against a mining company that EPA had ordered to divert water from the Clark Fork River in Montana to clean up mining wastes that the company's predecessor had discharg...

Boca Ciega Hotel, Inc. v. Bouchard Transp. Co.

The court holds that Oil Pollution Act (OPA) §1013's claims presentation procedure creates a mandatory condition precedent barring all claims unless and until a claimant has presented its claims in accordance with that section. Appellants brought suit against companies responsible for an oil spill ...

Cadillac Fairview/California, Inc. v. United States

The court reverses and remands a district court's summary judgment that a chemical company is not entitled to contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from two rubber companies that purchased styrene from it and allegedly sold contaminated...

California Dep't of Toxic Substances Control v. Snydergeneral Corp.

The court holds that California may recover as "removal or remedial costs" under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) the supervisory costs it incurs in overseeing private cleanup of groundwater contaminated with chlorinated solvent contamination at a si...

Charter Township of Oshtemo v. American Cyanamid Co.

The court holds that potentially responsible parties (PRPs) that sued other PRPs for response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) must share equitably in responsibility for orphan shares of liability. The court first holds that "orp...