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American Alternative Insurance Co. v. Moon Nurseries, Inc.
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...
Solutia, Inc. v. McWane, Inc.
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...
Oil Re-Refining Co. v. Pacific Recycling, Inc.
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...
United States v. General Electric Co.
The First Circuit affirmed a lower court decision holding a manufacturing company liable under CERCLA for response costs EPA incurred at the Fletcher's Paint Works and Storage Facility Superfund site in Milford, New Hampshire. The lower court properly ruled that the company was liable as a...
ATK Launch Systems, Inc. v. Environmental Protection Agency
The D.C. Circuit upheld EPA's rule designating certain areas in Utah as nonattainment for the 2006 24-hour fine particulate matter (PM2.5) standard. Petitioners—two counties, three cities, and an aerospace and defense company—challenged the inclusion of parts of Tooele and Box Elder Counties wit...
Emergency Services Billing Corp. v. Allstate Insurance Co.
The Seventh Circuit held that automobile owners should not be held liable under CERCLA for costs incurred responding to automobile accidents. The case was brought by the billing agent of a fire department that sought response costs from individuals who were involved in motor vehicle accidents an...
Oil Re-Refining Co. v. Pacific Recycling, Inc.
A district court dismissed a property owner's CERCLA claim for costs incurred responding to PCB contamination allegedly caused by an oil recycling company. The owner alleged that the company spilled PCBs on the site. But the $800,000 in costs purportedly incurred are not related to the alleged r...
United States v. Ameren Missouri
A district court partially dismissed EPA's lawsuit against an energy company for violating the CAA when it allegedly undertook major modifications at a coal-fired power plant in Festus, Missouri. EPA alleged that the company violated the Missouri SIP, the terms of its Title V permit, and the CAA...
In re United States
The Federal Circuit, in a case involving an electronics manufacturer's challenge to excise taxes on the use of ozone depleting chemicals (ODCs), reversed a lower court decision ordering the IRS to disclose to the manufacturer its excise tax audits of other companies. After paying the excise tax ...