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...
In re Methyl Tertiary Butyl Ether Products Liability Litigation
A district court denied a motion to dismiss an oil company's lawsuit against a gas station operator and gasoline transporter in which it seeks contribution for groundwater contamination under the New Jersey Joint Tortfeasors Contribution Law, the New Jersey Comparative Negligence Act, and the New Je...
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. ...