The court holds that a defendant-operator company and a defendant-transporter company are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for costs incurred in cleaning up the MIG/De Wane Superfund site in Illinois, and orders them each to pay over $2 ...
The Court holds that the issue of liability in a developer's regulatory takings claim against a city was properly submitted to a jury. After the city imposed more rigorous demands each time it denied five proposals to develop a 37.6-acre oceanfront parcel in Monterey, California, the developer filed...
The court holds that the amount a bankrupt casino paid to the casino's previous owner for environmental remediation does not offset a debt owed the previous owner. The casino was to make monthly payments to the previous owner under the terms of a promissory note. It suspended payment, however, after...
The court holds that a pesticide manufacturing partnership is liable for response costs in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 contribution action brought by the corporation that purchased the partnership's assets. The court first holds that the val...
The court holds that two customers of an electroplating company did not "arrange for" the disposal of the company's hazardous waste under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a), and, therefore, the company could not seek contribution from the customer...
Earlier this year in KFC Western, Inc. v. Meghrig, the U.S. Court of Appeals for the Ninth Circuit ruled that private parties may obtain restitution of the costs of cleaning up contaminated property under §7002(a)(1)(B) of the Resource Conservation and Recovery Act (RCRA). The Ninth Circuit's ruling in KFC Western opened the way for private parties to use the RCRA citizen suit provision to recover their costs of investigating, studying, and cleaning up contaminated property from responsible parties.
The court holds that under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the former owners of a contaminated site in Georgia are liable for the disposal of hazardous waste at the site. A potentially responsible party (PRP) shipped containers of hazardous waste t...