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Tyco Thermal Controls LLC v. Redwood Industrials

A district court held that the owner of PCB-contaminated property is not entitled to injunctive relief under RCRA compelling the former owner to either pay for future cleanup costs at the property or take over remediation in its entirety. Injunctive relief is not available when abatement of the ...

Queens West Development Corp. v. Honeywell International

A district court dismissed a development company's CERCLA contribution claim against a large corporation for costs the company incurred investigating and remediating environmental contamination on property caused by the corporation's legal predecessor. The company failed to state a claim for con...

SPS Ltd. Partnership, LLLP v. Severstal Sparrows Point, LLC

A district court granted in part and denied in part motions to dismiss a shipyard owner's CERCLA, RCRA, and tort law claims against the current owner of a steel mill. The court denied motions to dismiss the shipyard's CERCLA claims for contribution and response costs. The complaint contains factual ...

Team Enterprises, LLC v. Western Investment Real Estate Trust

The Ninth Circuit upheld the dismissal of a dry cleaner's CERCLA and tort law claims against the manufacturer of dry cleaning equipment. The dry cleaner failed to present evidence giving rise to a genuine dispute as to any material fact with respect to its CERCLA claim. A person may be subject t...

Hinds Investments, LP v. Angioloi

The Ninth Circuit upheld the dismissal of a shopping center owner's citizen suit action under RCRA against manufacturers of dry cleaning equipment. The owner argued that the manufacturers contributed to the release of hazardous waste into the environment by virtue of their machinery, which was a...

United States v. ARG Corp.

A district court granted a city's motion to dismiss a company's third-party complaint against it for reimbursement of cleanup costs the U.S. government incurred responding to hazardous substances at an industrial site formerly owned by the company. The government filed suit against the company under...