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Jastram v. Phillips Petroleum Co.

The court holds that oil and energy companies in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 private cost recovery action are not liable for the costs of cleaning up brine or saltwater because those are not hazardous substances under CERCLA §101(14). The c...

Johnson v. Colonial Pipeline Co.

The court holds that it has neither diversity nor maritime and admiralty jurisdiction over claims by property owners for damages stemming from an overland pipeline oil spill, and that the owners failed to satisfy the presentation of claims requirement of §1013(a) of the Oil Pollution Act (OPA) befo...

Joslyn Mfg. Corp. v. T.L. James & Co.

The court holds that a past owner of one portion of a site contaminated with wood treatment chemicals is not liable under §113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or the Louisiana Environmental Quality Act (LEQA) for response costs incurred by a woo...

Kane v. United States

The court affirms a district court decision that the Veterans Administration (VA) is not liable under the Federal Tort Claims Act (FTCA) or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to individuals who purchased an asbestos-contaminated house from it. The cour...

Kaw Valley, Inc. v. EPA

The court upholds the U.S. Environmental Protection Agency's (EPA's) definition of "full-time employee" under regulations implementing §313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and affirms the assessment of $12,750 in civil penalties against a company that violated §31...

Kelley v. EPA

The court vacates the U.S. Environmental Protection Agency's (EPA's) lender liability rule, holding that EPA lacks authority to restrict by regulation private rights of action arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Conflicting judicial inter...

Kelley v. EPA

The court denies the federal government's petition for rehearing of a case in which the court had vacated the U.S. Environmental Protection Agency's (EPA's) final rule defining the scope of lender liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The...

Kelley v. Kysor Indus. Corp.

The court holds that an officer of a corporation that owned land contaminated with electroplating byproducts may be personally liable for hazardous waste cleanup costs under §§107 and 113(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Michigan Environ...

Kelley v. E.I. Dupont de Nemours & Co.

The court holds that the state of Michigan's efforts to clean up a contaminated landfill, which took place over several years and in several phases, constituted a single removal action for purposes of the Comprehensive Environmental Response, Compensation, and Liability Act's (CERCLA's) statute of l...

Kerr-McGee Chem. Corp. v. Lefton Iron & Metal Co.

The court reverses a district court decision that the purchaser of contaminated land and an affiliated corporation to which it transferred the land are not liable as "owners" under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and holds that an indem...