Cahaba Riverkeeper v. United States Environmental Protection Agency,
The Eleventh Circuit denied environmental groups' lawsuit challenging EPA's interim decision not to revoke Alabama's NPDES permitting authority. Alleging 26 program deficiencies, the groups petitioned EPA to begin proceedings to withdraw Alabama's authority to administer the NPDES program. EPA issue...
Valbruna Slater Steel Corp. v. Joslyn Manufacturing Co.
A district court held that the prior owner of a contaminated site is jointly and severally liable for the current owner's response costs under CERCLA §107(a). The prior owner argued that the current owner has not incurred costs that are necessary or consistent with the NCP. But there is ample uncon...
United States v. Dico
The Tenth Circuit reversed in part and affirmed in part a lower court decision holding the seller of contaminated yet commercially viable buildings liable as an arranger under CERCLA. Due to hazardous substance contamination, the buildings were under an EPA order regulating their use. The prior owne...