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Thaler v. PRB Metal Prods., Inc.

The court holds that a former property owner may not assert affirmative defenses other than those specifically listed in §107(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in the current owner's response cost recovery action. The prior owner raised several...

Trinity Indus., Inc. v. Dixie Carriers, Inc.

The court holds that the former parent corporation of a barge-cleaning company, which is a potentially responsible party (PRP) at a Superfund site, is not liable to the barge-cleaning company's successor parent corporation for the barge-cleaning company's liability at the site under the Comprehensiv...

Triple G Landfills v. Board of Comm'rs of Fountain County

The court holds that a county landfill siting ordinance that has the effect of precluding future sites is invalid under Indiana law. The court first holds that the case is ripe for review. Although no landfill permit application is pending, this lawsuit mounts a facial attack on the ordinance. The q...

Trustees for Alaska v. Gorsuch

The court holds that off-site facilities must be included in a surface coal mining and reclamation operations permit under the Alaska Surface Coal Mining Control and Reclamation Act (ASCMCRA), and the Alaska Department of Natural Resources (DNR) may not ignore the cumulative impact of mining and rel...

United States v. Alcan Aluminum Corp.

The court holds that a generator of an oil emulsion may escape liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) by proving its wastes did not contribute more than background contamination to the release and that the wastes cannot concentrate. The cou...

United States v. Alpine Land & Reservoir Co.

The court reverses and remands a district court's order, in a water rights' adjudication, granting relief after judgment to a reservoir owner under Federal Rule of Civil Procedure 60(b)(6) from a decree that lowers its storage entitlements. Rule 60(b)(6) provides that a court may relieve a party fro...

United States v. Aluminum Co. of Am.

The court holds that an aluminum manufacturer's violation of a daily average limitation in its national pollution discharge elimination system permit issued under the Federal Water Pollution Control Act (FWPCA) constitutes a violation for every day of that month, and the government's action for civi...

United States v. American Cyanamid Co.

The court holds that chemical manufacturers are barred by collateral estoppel from relitigating their liability, under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to Rhode Island for the state's cleanup costs at the Picillo Pig Farm hazardous waste sit...

United States v. Amtreco, Inc.

The court holds that a corporate owner of property contaminated with creosote, and its president and sole stockholder, are liable for response costs incurred by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Th...

United States v. ASARCO Inc.

The court enters a partial consent decree under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) between the United States and a defendant at the California Gulch Superfund site near Leadville, Colorado, providing for a cash settlement to resolve the government's CE...