Elkay Mining Co. v. Smith
The Fourth Circuit denied a coal company's petition to review an ALJ decision that found that a widow was entitled to survivorship benefits under the Black Lung Benefits Act. The coal miner in question worked in coal mines for 34 years, was a regular smoker, and retired in 1993. He developed serious...
Pieper v. United States
The Fourth Circuit held that a proposed class of residents alleging that improper chemical disposal at a Frederick, Maryland, Army base contaminated their groundwater can't sue the government. The residents brought a claim under the Federal Torts Claim Act alleging that the Army negligently disposed...
Strategic Envtl. Partners, LLC v. N.J. Dep't of Envtl. Protection
A district court held that a solar energy company that entered into an agreement to close a landfill and turn it into a solar farm cannot recover closure costs under CERCLA. The solar company bought the property and entered into an agreement with the New Jersey Department of Environmental Protection...
Sweet Lake Land & Oil Co. v. Oleum Operating Co.
A Louisiana appeals court held that an oil company's oilfield cleanup plan was properly rejected by a trial court. An oil company sued a larger oil company alleging environmental damage to its property caused by decades of oil and gas exploration activities. The larger company was found 100% liable ...