El Paso Natural Gas Co. v. United States
The D.C. Circuit largely upheld the dismissal of a Native American tribe's RCRA and Uranium Mill Tailings Radiation Control Act claims against the United States and various federal agencies in connection with a former uranium mill and two hazardous waste facilities located on Navajo land. In 2010, E...
NL Industries, Inc. v. ACF Industries
A district court granted in part and denied in part motions to dismiss a corporation's CERCLA suit against an electronics company for costs incurred cleaning up lead contamination at a New York Superfund site. The electronics company, which had operated a steel plant and foundry on the site, claimed...
C&A Carbone, Inc. v. County of Rockland
A district court upheld the constitutionality of a New York county's solid waste flow control ordinance that directs all solid waste generated within the county to designated publicly owned but privately operated processing facilities. Solid waste companies alleged that, by preventing non-designated...
Engaging & Guarding Laurens County's Environment v. South Carolina Department of Health & Environmental Control
The Supreme Court of South Carolina reinstated an administrative law court (ALC) decision that reversed and denied a state agency's issuance of a permit for a construction and demolition landfill. The ALC denied the permit based on its conclusion that the region already had more landfill capacity th...
Price Trucking Corp. v. Norampac Industries, Inc.
The Second Circuit held that CERCLA does not allow a subcontractor hired to perform cleanup activities on a site the right to recover the value of unpaid work directly from the landowner. The landowner paid a general contractor for costs associated with the cleanup of a contaminated parcel of land. ...
Evanston v. Texaco, Inc.
A district court held that a town may go forward with its RCRA and common law tort claims against an oil company for soil and groundwater contamination on and around a property formerly occupied by a gasoline service station. The company argued that the town failed to allege an "imminent and substan...