The Second Circuit upheld a lower court decision dismissing a developer's CERCLA indemnity claim for remediation costs it incurred as the owner of a building contaminated by toxic dust from the September 11, 2001, attack on the World Trade Center. The developer filed suit against the owners and less...

The Federal Circuit held that the U.S. government must reimburse four oil companies for CERCLA costs they incurred cleaning up contamination stemming from the production of high-octane aviation gas (avgas) during World War II. The oil companies entered into contracts with the government that promise...

The Seventh Circuit affirmed a lower court decision dismissing a CERCLA citizen suit challenging remediation work at three landfills in Indiana. The remediation work was divided into three stages. The lower court held that it lacked jurisdiction over the citizens' claims challenging the second and t...

A district court held that a coal company violated the CWA and SMCRA by discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the environmental group's lawsuit should be dismissed because it had already entered into a consent decree with the state enviro...

A district court held a coal company liable under the CWA for discharging excessive amounts of selenium into the waters of West Virginia. Water sampling performed on behalf of an environmental group that filed a citizen suit against the company prove that the company violated West Virginia's water q...

A district court dismissed three New Hampshire cities' citizen suit challenging EPA's decision to approve New Hampshire's impaired waters list under the CWA. The cities lack standing because the regulatory decisions that the cities challenge have not yet caused them harm, and whether cities will be ...

A district court issued a memorandum opinion and order holding that the West Virginia Department of Environmental Protection may temporarily, but not indefinitely, suspend the requirement that permit holders that do not have selenium limits or monitoring and reporting requirements on their face must...

A district court dismissed an environmental groups' citizen suit against a water authority for alleged CWA and state law violations in connection with the discharge of stormwater from a municipal separate storm sewer system to the Allegheny River. The groups did not argue that the authority violated...

A district court granted in part and denied in part motions to dismiss a corporation's CERCLA suit against an electronics company for costs incurred cleaning up lead contamination at a New York Superfund site. The electronics company, which had operated a steel plant and foundry on the site, claimed...