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...
Green, City of v. Nexus Gas Transmission, LLC
The Sixth Circuit held that the state of Ohio did not properly analyze the environmental harm of an eight-mile stretch of the Nexus natural gas pipeline or consider alternative routes to avoid the City of Green. The pipeline would run through a wetland that the city claimed would be irreparably harm...
Assoc. of Irritated Residents v. Kern County Board of Supervisors
A California appellate court held that a project to modify an oil refinery so it can unload the equivalent of 150,000 barrels of crude oil per day should not proceed until corrections can be made to its state environmental impact report (EIR). The project proposed transporting crude oil from the Bak...
Indigenous Environmental Network v. TransCanada Corp.
A district court held that a lawsuit challenging the Keystone XL pipeline can continue despite calls from the federal government to dismiss the case. On April 4, 2017, the State Department approved a presidential permit for the pipeline. In its approval, the State Department relied on a 2014 EIS con...
Pieper v. United States
The Fourth Circuit held that a proposed class of residents alleging that improper chemical disposal at a Frederick, Maryland, Army base contaminated their groundwater can't sue the government. The residents brought a claim under the Federal Torts Claim Act alleging that the Army negligently disposed...
Strategic Envtl. Partners, LLC v. N.J. Dep't of Envtl. Protection
A district court held that a solar energy company that entered into an agreement to close a landfill and turn it into a solar farm cannot recover closure costs under CERCLA. The solar company bought the property and entered into an agreement with the New Jersey Department of Environmental Protection...
Sweet Lake Land & Oil Co. v. Oleum Operating Co.
A Louisiana appeals court held that an oil company's oilfield cleanup plan was properly rejected by a trial court. An oil company sued a larger oil company alleging environmental damage to its property caused by decades of oil and gas exploration activities. The larger company was found 100% liable ...
Gadsden Indus. Park, LLC v. United States
A district court held an Alabama industrial park owner can't pursue claims against the federal government for damage to its property that occurred during a Superfund cleanup. As part of the cleanup, EPA disposed of, cut, severed, tore up from the ground, and removed roughly 1,400 feet of track owned...