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Gopher Oil Co. v. Bunker

The court holds ripe for adjudication an oil company's action for a declaratory judgment that the estate of its predecessor's deceased owner is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to the extent of the oil company's liability, for a hazardou...

Sable v. General Motors Corp.

The court holds time barred a trespass action that an estate's representative brought against several companies for nonremoval of chemicals that they allegedly dumped on the decedent's land. The court first holds that the district court did not err in denying plaintiff's motion to remand the case to...

In re Marine Shale Processors, Inc.

The court refuses to issue a writ of mandamus overturning a district court refusal to order the U.S. Environmental Protection Agency (EPA) not to initiate enforcement action against hazardous waste generators for shipping material to petitioner hazardous waste treatment company, which lacks a Resour...

Jones v. Texaco, Inc.

The court holds that the owners of a contaminated site may not recover damages for negligence, gross negligence, or strict liability from an oil company that previously owned the site and used it to dispose of oil-field waste. The court first holds that Texas' two-year statute of limitations for pro...

U.S. Postal Serv. v. Phelps Dodge Ref. Corp.

The court rescinds a contract under which a metal refining company sold a contaminated site in Queens, New York, to the U.S. Postal Service. Applying New York law, the court first holds that breach of contract can be grounds for rescission. The company breached its contract with the Postal Service b...

Reeves Bros. v. EPA

The court denies a private-property owner injunctive relief on its claim that the U.S. Environmental Protection Agency (EPA) and EPA employees violated the Fourth Amendment to the U.S. Constitution when an EPA emergency response team entered onto the property without a warrant and removed water and ...

Voorhees, Township of v. New Jersey Dep't of Envtl. Protection

The court holds that a town may recover under the New Jersey Sanitary Landfill Facility Closure and Contingency Fund Act costs it incurred cleaning up contamination from a closed landfill on property that it bought before passage of the Act. The court holds that the town is not an "owner" of the lan...

In re Grand Jury 95-1

The court holds that a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defendant is not entitled to access to materials from an earlier grand jury proceeding conducted by the judge presiding over the CERCLA trial. The court first holds that defendant does not need the ...

Arc Ecology v. U.S. Maritime Admin.

A district court denied environmental groups’ motion for partial summary judgment with respect to their claim that the United States’ maintenance of the Suisun Bay Reserve Fleet violated EPA’s surface water criterion regulations promulgated pursuant to §4004(a) of RCRA. Althou...

Energy Northwest v. United States

The Court of Federal Claims held that nuclear utilities were entitled to almost $57 million in mitigation expenses related to DOE’s failure to accept nuclear waste by the date set forth in the contract between the utilities and DOE. In their suit, the utilities sought, among other things, cost...