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The Reauthorization of Superfund: The Public Works Alternative

The demise of efforts by a broadly based coalition of stakeholders to reauthorize Superfund in the 103rd Congress leaves the legislative field open for reconsidering all the key assumptions underlying the "consensus" bill that dominated last year's debate. Unless the coalition remains unified, and the Administration supports it aggressively, the substance will begin to unravel, the process will become chaotic, and Congress could easily miss the December 1995 deadline to reauthorize the statute.

Costner v. URS Consultants, Inc.

The court affirms in part and reverses in part a district court decision holding that environmental groups could bring False Claims Act (FCA) claims against contractors at a Superfund site in Arkansas. In a qui tam action brought on behalf of the United States, environmental groups allege that the c...

Carter-Jones Lumber Co. v. Dixie Distrib. Co.

The court holds a company and its president liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for arranging for the disposal of hazardous waste. Through several transactions, the company and its president sold transformers containing polychlorinated biph...

Canadyne-Georgia Corp. v. NationsBank, N.A.

The court reverses a district court order that dismissed a property owner's Comprehensive Environmental Response. Compensation, and Liability Act (CERCLA) and Georgia Hazardous Site Response Act contribution claims against a bank for failure to state a claim. The bank served as a trustee of a trust ...

Freeman v. Glaxo Wellcome, Inc.

The court holds that a pharmaceutical company that sold unused chemicals to a vitamin manufacturing facility is not a party liable for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first finds that the definition of "disposal" contai...

Boeing Co. v. Cascade Corp.

The court holds that when a party is liable for pollution response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), it must share them regardless of whether it is the sole cause of the costs. An airplane manufacturer brought a contribution action agains...

Arizona v. California

The U.S. Supreme Court holds that a Native American tribe's and U.S. claims to additional water rights from the Colorado River are not precluded by a previous Court decision or by a 1983 consent decree entered into by the United States and the tribe. The tribe's and the government's present claims a...

Commander Oil Corp. v. Barlo Equip. Corp.

The court reverses a district court decision holding a lessee that subleased property liable as an owner under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that owner liability should not automatically apply to lessees/sublessors. First, s...

Barstow, City of v. Mojave Water Agency

The court holds that a trial court erred in resolving water right priorities in an overdrafted basin with a "physical solution" that relies on the equitable apportionment doctrine but does not consider the affected owners' legal rights in the basin. Landowners who had overlying water rights in the M...

Carson Harbor Village, Ltd. v. Unocal Corp.

The court reverses a district court decision dismissing on summary judgment a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim against prior owners of the property, as well as certain governmental entities, to recover the cost of cleaning up conta...