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Sharpsmart v. Smith

The Ninth Circuit upheld a preliminary injunction enjoining California Department of Public Health officials from enforcing the California Medical Waste Management Act (MWMA) against a medical waste facility with regard to how it disposes of medical waste at facilities outside the state. The facilit...

California Dep't of Toxic Substances Control v. Westside Delivery, LLC

The Ninth Circuit held that a property owner who purchased the site at a tax sale is not entitled to CERCLA's third-party defense to liability for cleanup costs. The purchaser had a "contractual relationship" with the prior owner by virtue of the tax sale. Given the breadth of CERCLA's definition of...

Exxon Mobil Corp.

A Texas court, ruling on a petition for pre-suit discovery, held that it would have jurisdiction over a major oil corporation's potential lawsuit against several California cities that have filed suit against it relating to climate change. The company's potential claims would allege, among other thi...

PennEnvironment v. PPG Industries, Inc.

A district court held that a company is liable under RCRA for soil and water contamination at a former solid waste disposal area it used and operated in Armstrong County, Pennsylvania. Environmental groups filed motions for partial summary judgment against the company, claiming it was liable because...