A district court held that a settlement agreement bars a mining corporation from seeking contribution from a railroad company under CERCLA for environmental liability related to the Omaha Lead Superfund site in Omaha, Nebraska. Both parties owned the site at different times between 1871 and 1997. It...

The Fourth Circuit held that the discovery rule set forth in CERCLA §309 preempts North Carolina's 10-year limitation on the accrual of real property claims. The case arose after landowners filed a nuisance action against a corporation for allegedly contaminating their well water with concentrated ...

The D.C. Circuit vacated an EPA rule that deferred regulation of biogenic carbon dioxide—non-fossil-fuel carbon dioxide sources such as ethanol—for three years. Although the "Deferral Rule" is a temporary regulation, it functions, in effect, as a permanent exemption from the PSD permitting requi...