A district court dismissed a property owner's CERCLA claim for costs incurred responding to PCB contamination allegedly caused by an oil recycling company. The owner alleged that the company spilled PCBs on the site. But the $800,000 in costs purportedly incurred are not related to the alleged r...

A district court dismissed a property owner's RCRA claim against an oil company for benzene contamination present in the basement of one of his buildings. The evidence fails to establish that there may be an imminent and substantial danger to human health or the environment. The owner does not u...

A district court held that a mining company is liable for discharging arsenic and iron into a nearby creek in violation of its NPDES permit. The company did not deny or admit that it is in violation of its permit. Instead, it argued that the environmental group that filed suit against it lacked ...

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A district court dismissed a property owner's contribution action against a railroad company for failure to state a claim. The property owner failed to allege any facts that explain why the company is liable for a portion of the site cleanup. It failed to explain how the company came to be invol...

The Second Circuit held that a lower court should have granted a chemical manufacturer's request for declaratory judgment against adjoining property owners under CERCLA for future costs it will incur cleaning up industrial pollution. The manufacturer sued the two adjoining property owners for c...

A district court held that the state of Washington is not liable as an arranger under CERCLA for hazardous waste contamination stemming from mining operations on state lands. The state entered into mining contracts with a Canadian mining company that allowed the company to excavate and remove metal-...

The D.C. Circuit held that a home builders' association lacked standing to challenge EPA's and the U.S. Army Corps of Engineers' determination that two reaches of the Santa Cruz River in southern Arizona constitute "traditional navigable waters" (TNW) under the CWA. Although the association has spen...