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Pepin v. Division of Fisheries & Wildlife
Massachusetts' highest court upheld the state's "priority habitat" regulations insofar as they allow the Massachusetts Division of Fisheries and Wildlife to designate priority habitat without affording landowners the procedural protections statutorily due to those owning property within "significant...
LWD PRP Group v. ACF Enterprises, LLC
A district court held that a group of PRPs in connection with a former hazardous waste incinerator in Kentucky may go forward with their CERCLA cost recovery and contribution claims against a group of companies that allegedly generated and/or transported hazardous waste to the site. The companies ar...
Carolina Casualty Insurance Co. v. Oahu Air Conditioning Service, Inc.
A district court held that an insurance company may go forward with its CERCLA claim against several refrigerator waste oil companies for reimbursement of payments it incurred following a hazardous waste spill by its insured. In Chubb Custom Insurance Co. v. Space Systems/Loral Inc., 710 F.3d 946, 4...
New York v. Solvent Chemical Co.
The Second Circuit affirmed in part, and vacated and remanded in part, a lower court's allocation of contribution costs in connection with the remediation of two Niagara Falls, New York, properties. Below, the lower court held a chemical manufacturer liable to a solvent company for contribution. On ...