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Wademan v. Concra

The court holds that a husband and wife lacked standing under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Federal Water Pollution Control Act (FWPCA), and the Resource Conservation and Recovery Act (RCRA) to sue the developers of a benzene contaminated off...

Seneca Meadows, Inc. v. ECI Liquidating, Inc.

The court holds that the owner of a contaminated landfill may only recover response costs from alleged generators of hazardous waste through a contribution action under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113. The court first holds that the owner of the l...

Bedford Affiliates v. Sills

The court holds that a landowner that is a potentially responsible party (PRP) under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a) cannot maintain a §107(a) action against another PRP, but can seek contribution from that PRP under CERCLA §113(f). The lando...

International Ass'n of Indep. Tanker Owners v. Locke

A judge dissents from the Ninth Circuit's decision not to rehear a case addressing the Oil Pollution Act's (OPA's) preemptive effect on Washington State's oil spill prevention regulations. The initial Ninth Circuit opinion held that the OPA did not preempt the majority of the state's oil spill regul...

United States v. Glens Falls Newspapers, Inc.

The court holds that a newspaper cannot intervene in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) litigation to vacate a consent order mandating that settlement negotiations between CERCLA parties remain confidential. The court first holds that the presumption of pu...

Whitehead v. Allied Signal, Inc.

The court holds that a property owner cannot maintain an action for forcible ejectment against a company that was ordered to acquire the property owner's land as part of a Comprehensive Environmental Response, Compensation, and Liability Act remedial plan. The company, which obtained all of the land...

Mall at Coventry Joint Venture v. McLeod

The court holds that a state environmental agency did not have a duty to ascertain the accuracy of the location of wetlands on developers' property. The court first holds that the duty to depict accurately the location of wetlands was properly the duty of the developers and their representatives. It...

ABB Indus. Sys., Inc. v. Prime Tech., Inc.

The court denies a potentially responsible party's (PRP's) motion to bifurcate the trial of a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution claims against the PRP for cleanup costs. The PRP sought to bifurcate the trial into two phases, ...

AT & T Global Info. Solutions Co. v. Union Tank Car Co.

The court holds that a grandparent corporation is derivatively liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for its subsidiary's actions in arranging for the disposal of toxic waste at a solvent reclamation site in Granville, Ohio. Several potential...

Harbor Gateway Commercial Property Owners' Ass'n v. EPA

The court holds that the U.S. Environmental Protection Agency's (EPA's) listing of the Del Amo site in Los Angeles, California, on the national priorities list (NPL) was invalid. The court first holds that the proposal for listing the site on the NPL failed to comply with the Omnibus Consolidated Re...