Natural Resources Defense Council v. New York State Department of Environmental Conservation
A New York trial court held that the state environmental agency's general permit for stormwater discharges from municipal separate storm sewer systems (MS4) violates the CWA and state law. By allowing discharges based on an applicant's notice of intent (NOI) to discharge, the permitting scheme c...
In re Oil Spill by the Oil Rig "Deepwater Horizon"
A district court held that BP must indemnify Halliburton Energy Services for third-party compensatory claims related to the Deepwater Horizon disaster under its drilling contract. Specifically, BP is required to indemnify Halliburton for third-party compensatory claims that arise from pollution or...
Oil Re-Refining Co. v. Pacific Recycling, Inc.
A district court dismissed a property owner's CERCLA claim for costs incurred responding to PCB contamination allegedly caused by an oil recycling company. The owner alleged that the company spilled PCBs on the site. But the $800,000 in costs purportedly incurred are not related to the alleged r...
Tilot Oil, LLC v. BP Products North America, Inc.,
A district court dismissed a property owner's RCRA claim against an oil company for benzene contamination present in the basement of one of his buildings. The evidence fails to establish that there may be an imminent and substantial danger to human health or the environment. The owner does not u...