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<i>Garamendi</i>'s Unspoken Assumptions: Assessing Executive Foreign Affairs Preemption Challenges to State Regulation of Greenhouse Gas Emissions

Editor's Summary: In 2003, the U.S. Supreme Court issued its most recent pronouncement on the executive foreign affairs preemption doctrine in American Insurance Ass'n v. Garamendi. In this Article, Kimberly Breedon argues that lower courts are prone to overbroad applications of Garamendi because the Court assumed the presence of three elements when it developed the standard for executive foreign affairs preemption of state law: (1) formal source law; (2) nexus to a foreign entity; and (3) indication of intent by the executive to preempt the state law under challenge.

Costner v. URS Consultants, Inc.

The court affirms in part and reverses in part a district court decision holding that environmental groups could bring False Claims Act (FCA) claims against contractors at a Superfund site in Arkansas. In a qui tam action brought on behalf of the United States, environmental groups allege that the c...

Centerior Serv. Co. v. Acme Scrap Iron & Metal Corp.

The court holds that potentially responsible parties (PRPs) compelled to initiate a hazardous waste site cleanup are precluded from joint and several cost recovery from other PRPs under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a), and, thus, are limited to...

Carter-Jones Lumber Co. v. Dixie Distrib. Co.

The court holds a company and its president liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for arranging for the disposal of hazardous waste. Through several transactions, the company and its president sold transformers containing polychlorinated biph...

Bragg v. Robertson

The court upholds as reasonable and fair a settlement agreement in a citizen suit challenging the federal government's failure to perform Federal Water Pollution Control Act (FWPCA) duties concerning mountaintop mining in West Virginia. The agreement purported to settle environmental groups' claims ...

Canadyne-Georgia Corp. v. NationsBank, N.A.

The court reverses a district court order that dismissed a property owner's Comprehensive Environmental Response. Compensation, and Liability Act (CERCLA) and Georgia Hazardous Site Response Act contribution claims against a bank for failure to state a claim. The bank served as a trustee of a trust ...

Freeman v. Glaxo Wellcome, Inc.

The court holds that a pharmaceutical company that sold unused chemicals to a vitamin manufacturing facility is not a party liable for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first finds that the definition of "disposal" contai...

Bremerton, City of v. Sesko

The court holds that property owners operated two illegal junkyards in violation of a city's zoning laws and that such operation constituted a nuisance. The city planning commission determined that the properties were nuisances, and the commission's decision to uphold the city's cease and desist ord...

Boeing Co. v. Cascade Corp.

The court holds that when a party is liable for pollution response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), it must share them regardless of whether it is the sole cause of the costs. An airplane manufacturer brought a contribution action agains...

Commander Oil Corp. v. Barlo Equip. Corp.

The court reverses a district court decision holding a lessee that subleased property liable as an owner under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that owner liability should not automatically apply to lessees/sublessors. First, s...