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Robert H. Law, Inc. v. Woodbine Business Park, Inc.

A district court dismissed CERCLA claims against a construction company because there was no evidence that its actions contributed to soil contamination near the site. A contractor purchased topsoil from a company that is adjacent to a road where the construction company installed a water main three...

New Mexico v. EPA

A district court held that a government contractor may be liable under CERCLA in connection with the Gold King mine spill in Colorado. In 2016, the contractor caused a breach that released more than 3 million gallons of acid mine drainage and 880,000 pounds of heavy metals into the Animas River wate...

Coppola v. Smith

A district court held that a California city does not have to pay a settlement to a dry cleaner for chemical contamination near his property per a condition of their settlement agreement. After discovering a perchloroethylene (PCE) contamination plume in downtown Visalia, California, the California ...

Waverley View Investors, LLC v. United States

The Court of Federal Claims held that a land owner is entitled to compensation for wells and an access road installed to monitor contamination on a property adjacent to Fort Detrick. A Maryland landowner was faced with a demand under CERCLA from EPA for access to his property to install wells for th...

Atl. Richfield Co. v. Mont. Second Judicial Dist. Court

The Montana Supreme Court held that owners of private land within a Superfund site can proceed with a compensation suit against an oil company to restore their properties beyond the remedies approved by EPA for the Superfund site as a whole. An oil company entered into a consent decree with EPA to r...

MRP Props., LLC v. United States

A district court held that the federal government must answer claims that it is liable for the cleanup of World War II-era hazardous waste from 12 oil refineries in seven states. Property owners brought a contribution claim against the U.S. government under CERCLA, claiming that the government exerc...

The Trump Administration’s First Steps Toward Streamlining Environmental Reviews

On August 15, 2017, President Donald Trump issued an Executive Order entitled “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects," which seeks to expedite federal review and approval of infrastructure projects by imposing new timelines and procedures, including a two-year deadline for completing reviews under NEPA and issuing permits for major infrastructure projects.