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United States v. NCR Corp.
A district court held that a PRP established the divisibility defense and, therefore, is not jointly and severally liable for cleanup costs at the Lower Fox River Superfund site in Wisconsin. On remand from the Seventh Circuit, the district court was ordered to reconsider the PRP's divisibility defe...
Idaho Conservation League
The D.C. Circuit ordered EPA to submit a timeline for when it will issue its financial assurance rules under CERCLA to ensure that industries that handle hazardous substances have the financial means to clean up any releases. It has been nearly 30 years since Congress charged EPA with issuing such r...
PCS Nitrogen, Inc. v. Ross Development Corp.
A district court held that a corporation subject to an EPA unilateral administrative order (UAO) in connection with the Columbia Nitrogen Superfund site in Charleston, South Carolina, may seek contribution under CERCLA §113 and not §107. Defendant companies argued that the corporation was preclude...
Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency
The D.C. Circuit, in light of the U.S. Supreme Court's decision in Utility Air Regulatory Group v. EPA, No. 12-1146, 44 ELR 20132 (2014), amended a prior decision in which it upheld four EPA rulemakings governing greenhouse gases (GHGs). The four rules are: (1) EPA's endangerment finding, in which i...
Northern States Power Co. v. City of Ashland
A district court held that a power company may seek contribution for some of the cleanup costs it incurred at a site adjacent to Lake Superior in Ashland, Wisconsin. The company's CERCLA §113 contribution claims stemming from a 2003 consent decree, and all its §107 cost recovery claims, are time-b...
Ameripride Services, Inc. v. Texas Eastern Overseas, Inc.
The Ninth Circuit held that in allocating liability to a nonsettling defendant in a CERCLA contribution action, a district court has discretion to determine the most equitable method of accounting for settlements between private parties. Agreeing with the First Circuit and declining to follow the re...
Consolidated Coal Co. v. Georgia Power Co.
The Fourth Circuit held that a public utility that sold used PCB-containing electrical transformers in the 1980s to a company for reconditioning and resale should not be held liable under CERCLA as an arranger. EPA added the site to the NPL in the mid-2000s, and the current owners of the site bore m...
Burlington Northern & Santa Fe Railway Co. v. United States
The U.S. Supreme Court held that mere knowledge of continuing spills and leaks is insufficient grounds for holding a company liable as an arranger under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under the plain language of CERCLA §107(a)(3), an entity may q...