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...
Bitler Investments II, LLC v. Marathon Petroleum Co.
The Seventh Circuit held that a lower court should have awarded a real estate firm double damages for harm caused by an oil company during its attempt to clean up pollution at gas stations in Michigan the firm leased to it. The firm filed a breach of contract claim and a waste claim for eight sites ...
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 ...
United States v. Mountain State Carbon LLC
A district court held that "coke oven gas condensate" (COGC) is not a solid waste under RCRA. The case arose after the U.S. government filed suit against a coke production facility for RCRA and CAA violations. The government alleged that COGC at the facility displays the toxicity characteristic for ...
Pennsylvania Department of Environmental Protection v. Beazer East, Inc.
The Third Circuit, in an unpublished opinion, affirmed a lower court decision dismissing as time barred a state environmental agency's CERCLA lawsuit seeking reimbursement of response costs incurred at a former landfill. The defendants argued that the agency's action at the site was a "removal" acti...
Broussard v. Dow Chemical Co.
The Fifth Circuit upheld the dismissal of a landowner's suit against a chemical company for damages stemming from natural gas well operations. The company operated the well in the late 1960s and early 1970s under a mineral lease that expired in 1975. The lease granted the landowners the right to sue...