Myers v. Bureau of Land Management
A district court held BLM liable under the CWA for discharging pollutants from two of its wells into a tributary of the Arkansas River without a permit, but refused to enjoin the agency from further discharges. BLM is clearly in violation of the Act, as it failed to obtain an NPDES permit for the di...
LWD PRP Group v. Alcan Corp.
The Sixth Circuit held that the three-year statute of limitations for contribution actions brought after an administrative settlement to perform a removal action begins running when the settlement becomes effective, not when the removal action is completed. In this case, the plaintiff—a group of P...
Vine Street v. Borg Warner Corp.
The Fifth Circuit held that a corporation should not be held liable as an arranger under CERCLA for costs associated with cleaning up a plume of perchloroethylene (PERC) that discharged from a dry cleaning business that operated in the 1960s and 1970s. A district court in 2006 had held the corporati...
Anderson v. Teck Metals, Ltd.
A district court granted in part and denied in part a motion to dismiss a class action lawsuit against a Canadian mining company for allegedly causing individuals residing near the Upper Columbia River to suffer various health diseases due to toxic and hazardous air emissions from the company's smel...
Community Ass'n for the Restoration of the Environment, Inc. v. Cow Palace, LLC
A district court held that a dairy's application, storage, and management of manure violated RCRA's substantial and imminent endangerment and open dumping provisions. Manure can generally be a useful product when stored and subsequently used as fertilizer. Here, however, the dairy applied manure in ...