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Burlington Northern & Santa Fe Railway Co. v. United States

The U.S. Supreme Court held that mere knowledge of continuing spills and leaks is insufficient grounds for holding a company liable as an arranger under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under the plain language of CERCLA §107(a)(3), an entity may q...

Kain v. Massachusetts Department of Environmental Protection,

A Massachusetts court dismissed residents' lawsuit seeking a declaratory judgment that the state's environmental agency failed to comply with §3(d) of the Global Warming Solutions Act (GWSA). The GWSA is a legislative scheme designed to address the effects of climate change in Massachusetts by prom...

Environmental Processing Systems, L.C. v. FPL Farming, Ltd.

The Texas Supreme Court reinstated a jury verdict in favor of a waste disposal facility in a trespass case filed against it by a neighboring rice farm. At trial, the farm argued that deep subsurface wastewater from the facility trespassed beneath its property, but the jury returned a verdict in the ...

Decker Manufacturing Corp. v. Travelers Indemnity Co.

A district court held that an insurance company must defend and indemnify a manufacturing company for its costs responding to contamination at a landfill. The insurer argued that the policy's pollution exclusion clause barred coverage because the company intentionally discharged its waste into the l...