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Defenders of Wildlife v. Jewell
A district court held that environmental groups may go forward with their ESA lawsuit challenging OSM's issuance of SMCRA permits for two surface coal mines. The groups alleged that OSM failed to adequately consider how wastewater discharges from the mines would impact the Cumberland darter and blac...
Decker Manufacturing Corp. v. Travelers Indemnity Co.
A district court held that an insurance company must defend and indemnify a manufacturing company for its costs responding to contamination at a landfill. The insurer argued that the policy's pollution exclusion clause barred coverage because the company intentionally discharged its waste into the l...
Pennsylvania Department of Environmental Protection v. Lockheed Martin Corp.
A district court held that CERCLA §113(f)(2) does not afford the U.S. government protection from contribution claims brought by a third-party PRP in a case involving cleanup costs incurred at the Quehanna Wild Area Nuclear Site in Pennsylvania. The U.S. government entered into a settlement agreemen...
Cyprus Amax Minerals Co. v. TCI Pacific Communications, Inc.
A district court held that a corporation may be held liable under CERCLA for contamination stemming from smelting operations in the early 1900s by a subsidiary of the corporation's predecessor. Considering the totality of the circumstances, the smelting company was the alter ego of the corporation's...
Commonwealth v. Spangler
A Pennsylvania court affirmed a lower court order granting the Pennsylvania Department of the Environment's (PaDEP's) petition to investigate, remediate, and clean up contamination on private property under the Pennsylvania Hazardous Sites Cleanup Act (HSCA). The property became contaminated after a...
Morristown Assocs. v. Grant Oil Co.
The New Jersey Supreme Court held that the general six-year statute of limitations for injury to real property does not apply to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act). The case arose after a commercial property owner sought to ...