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Asarco, LLC v. Hecla Mining Co.

A district court held that a refinery that settled in bankruptcy court its liability for response costs incurred at a Superfund site may seek contribution from a mining company. The mining company argued that the settlement agreement for which the refinery seeks contribution only resolves the refine...

Cleveland National Forest Foundation v. San Diego Ass'n of Governments

A California court held that the environmental impact report (EIR) San Diego prepared for its regional transport plan and accompanying sustainable communities strategy violates the California Environmental Quality Act (CEQA) because it failed to adequately address greenhouse gas emissions. The EIR i...

Gellert v. Coltec Industries, Inc.

A bankruptcy court denied a company's motion to dismiss a bankruptcy trustee's CERCLA §107 claim against it for response costs incurred by the debtor to EPA, New York, and a manufacturer as a result of the debtor's settlement of their CERCLA claims. The company argued that the trustee cannot recove...

Cyprus Amax Minerals Co. v. CBS Operations, Inc.

A district court held that the bar to transfer of CERCLA liability applies to contribution claims brought between and among third parties, not just the U.S. government. CERCLA §107(e)(1) provides that "no indemnification, hold harmless, or similar agreement or conveyance shall be effective to trans...

Asarco v. NL Industries

A district court denied a mining company's motion to dismiss a smelting company's contribution claim against it for response costs and natural resources damages incurred at an old smelting operation in the Southeast Missouri Mining District. The mining company argued that the smelting company, which...

Aronow v. State

A Minnesota appellate court affirmed a lower court decision dismissing an individual's lawsuit against the state for violating the public trust doctrine with respect to climate change. In his complaint, the individual alleged that the state's commitment to a 15% reduction in Minnesota’s greenhouse...