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California Sportfishing Protection Alliance v. Chico Scrap Metal, LLC

The Ninth Circuit reversed a lower court decision dismissing a conservation group's CWA citizen suit alleging that a scrap metal company violated California's general NPDES permit for industrial stormwater at three of its scrap recycling facilities. The lower court dismissed the case, holding that C...

Asarco LLC v. Union Pacific Railroad Co.

A district court held that a settlement agreement bars a mining corporation from seeking contribution from a railroad company under CERCLA for environmental liability related to the Omaha Lead Superfund site in Omaha, Nebraska. Both parties owned the site at different times between 1871 and 1997. It...

Waldburger v. CTS Corp

The Fourth Circuit held that the discovery rule set forth in CERCLA §309 preempts North Carolina's 10-year limitation on the accrual of real property claims. The case arose after landowners filed a nuisance action against a corporation for allegedly contaminating their well water with concentrated ...