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LWD PRP Group v. ACF Enterprises, LLC
A district court held that a group of PRPs in connection with a former hazardous waste incinerator in Kentucky may go forward with their CERCLA cost recovery and contribution claims against a group of companies that allegedly generated and/or transported hazardous waste to the site. The companies ar...
Carolina Casualty Insurance Co. v. Oahu Air Conditioning Service, Inc.
A district court held that an insurance company may go forward with its CERCLA claim against several refrigerator waste oil companies for reimbursement of payments it incurred following a hazardous waste spill by its insured. In Chubb Custom Insurance Co. v. Space Systems/Loral Inc., 710 F.3d 946, 4...
Bitler Investments II, LLC v. Marathon Petroleum Co.
The Seventh Circuit held that a lower court should have awarded a real estate firm double damages for harm caused by an oil company during its attempt to clean up pollution at gas stations in Michigan the firm leased to it. The firm filed a breach of contract claim and a waste claim for eight sites ...
New York v. Solvent Chemical Co.
The Second Circuit affirmed in part, and vacated and remanded in part, a lower court's allocation of contribution costs in connection with the remediation of two Niagara Falls, New York, properties. Below, the lower court held a chemical manufacturer liable to a solvent company for contribution. On ...
United States v. Mountain State Carbon LLC
A district court held that "coke oven gas condensate" (COGC) is not a solid waste under RCRA. The case arose after the U.S. government filed suit against a coke production facility for RCRA and CAA violations. The government alleged that COGC at the facility displays the toxicity characteristic for ...
Florida Wildlife Federation v. McCarthy
A district court granted EPA's motion to amend a consent decree requiring it to adopt numeric criteria for Florida's waters unless the state does so first. Florida adopted new nutrient criteria, but for some waters, the criteria are not numeric. EPA then sought to modify the consent decree so that t...
United States v. Tuma
The Fifth Circuit upheld the conviction and sentencing of the former owner of a wastewater treatment facility who allowed the disposal of untreated wastewater into U.S. waters without a permit. The former owner argued that the lower court erred in excluding evidence about the lack of environmental h...