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AVX Corp. v. United States

The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision dismissing an electronic manufacturer's CERCLA claim against the United States for costs it incurred cleaning up tricholoroethylene (TCE) contamination on a parcel of property in Myrtle Beach, South Carolina. The manufact...

Premiere Associates, Inc. v. EXL Polymers, Inc.

The Eleventh Circuit, in an unpublished opinion, held that recycled carpet waste, known as carpet selvedge, is a "recovered material" that has the potential for reuse and not a solid waste under RCRA or Georgia law. Accordingly, a carpet manufacturer that sent carpet selvedge to a site for recycling...

Multistar Industries, Inc. v. U.S. Department of Transportation

The Ninth Circuit upheld DOT's decision ordering a hazardous waste motor carrier to cease operations following an unsatisfactory safety rating. The carrier argued that the unsatisfactory safety rating on which the cessation order was based was premised on the misapplication of certain safety regulat...

State v. Louisiana Land & Exploration

The Louisiana Supreme Court held that a school district may seek remediation damages in excess of those required by state law from oil companies who engaged in oil exploration and production operations on school land. The district sought two types of damages: damages required under state law pursuan...

United States v. House of Raeford Farms, Inc.

A district court denied a poultry-processing company's motions for a new trial, for a judgment of acquittal, and to arrest judgment in a CWA case in which the company was found guilty for discharging untreated wastewater to a city's publicly owned treatment works. The city's pretreatment program pro...

Shell Oil Co. v. United States

The Court of Federal Claims held that the U.S. government need not reimburse oil companies for costs they incurred cleaning up contamination stemming from the production of aviation fuel during World War II. During the 1940s, at the urging of the U.S. government, the companies entered into contracts...

Indian Harbor Insurance Co. v. United States

The Federal Circuit reversed and remanded a lower court decision dismissing an insurance company's reimbursement action under the National Defense Authorization Act for cleanup costs associated with the development of property formerly used as a military base. The lower court determined that the com...