A district court held that a property owner may go forward with its RCRA claims against neighboring property owners for groundwater and soil contamination, but it dismissed the owner's CERCLA claim against a water district that operated a sewer line between the two properties. The owner adequate...

A district court dismissed an insurance company's CERCLA claim against a tree nursery to recover response costs incurred by firefighters responding to a fire. The fire involved chlorine, a hazardous substance, and the company asserted that its insureds--two fire companies—"removed" and "remediated...

The Eleventh Circuit held that parties subject to a consent decree may not file claims for cost recovery under §107(a) of CERCLA and that their remedies are limited to filing claims for contribution under CERCLA §113(f). If a party subject to a consent decree could simply repackage its §113(f...

The Ninth Circuit affirmed a lower court decision granting summary judgment in favor of the U.S. government on claims challenging the DOI's accounting of approximately 9,000 acre feet of water released between June 17 and 24, 2004, from two reservoirs within California's Central Valley Project (...

A district court dismissed an oil refiner's CERCLA action against a recycling company for costs it incurred responding to PCB contamination allegedly resulting from used oil that was delivered from the company's facility to the refinery. The claim fails because there has been no release or thre...

The Federal Circuit vacated and remanded a lower court decision dismissing breach of contract, takings, and Klamath River Basin Compact claims brought against the U.S. government by agricultural landowners and water, drainage, and irrigation districts in Oregon and California. The plaintiffs...