Goodeagle v. United States
The Court of Federal Claims, in a case involving several claims arising out of the alleged federal mismanagement of tribal lands, held that CERCLA does not bar a tribe from seeking natural resource damages even though cleanup efforts at the site are not complete. The government argued CERCLA's bar o...
Pesticide Action Network North America v. U.S. Environmental Protection Agency
The Ninth Circuit denied EPA's request for an additional six months to take final action on its proposal to ban the pesticide chlorpyrifos in response to an administrative petition filed nearly nine years ago. EPA claimed that "extraordinary circumstances" warranted the extension because it needed a...
Pakootas v. Teck Cominco Metals, Ltd.
The Ninth Circuit held that a mining company that operates a smelter in Canada should not be held liable as an arranger under CERCLA for the release and threatened release of hazardous substances in the Upper Columbia River. The company could not be said to have "arranged" for the "disposal" of haza...
Elazar v. Macrietta Cleaners, Inc.
A New Jersey appellate court affirmed a lower court decision that dismissed as untimely shop owners' lawsuit against a town for injuries they allegedly suffered due to chemical vapors emanating from leaking USTs. Although the USTs belonged to the dry cleaner next door to the plaintiffs' shop, the ta...