The Montana Supreme Court held that owners of private land within a Superfund site can proceed with a compensation suit against an oil company to restore their properties beyond the remedies approved by EPA for the Superfund site as a whole. An oil company entered into a consent decree with EPA to r...

A district court held that an insurance company cannot back out of an insurance policy because a policyholder entered into a voluntary environmental cleanup agreement. The policyholder agreed to sell its land and allowed the buyer to do an environmental assessment. When contamination was discovered,...

A California appellate court reversed a lower court's judgment that directed a state water resources agency to file a report of waste discharges in violation of the state water quality law. An environmental organization alleged that the agency failed to institute measures to mitigate the flow of con...

A district court held that the federal government must answer claims that it is liable for the cleanup of World War II-era hazardous waste from 12 oil refineries in seven states. Property owners brought a contribution claim against the U.S. government under CERCLA, claiming that the government exerc...

A district court held that polychlorinated biphenyls (PCBs) being regulated under TSCA does not bar a Wisconsin couple from bringing a citizen suit under RCRA against a neighboring property owner for releasing PCBs during the demolition of a building on its property. The couple alleged that the demo...

A district court held that gas companies will have to face monetary compensation claims under the the New Jersey Spill Act for releases at five sites. The case concerns releases of Methyl Tertiary Butyl Ether (MTBE) at five gas stations in the state of New Jersey. The New Jersey Department of Enviro...

A district court held that St. Louis home owners' nuisance claims against a pharmaceutical company alleging migration of radioactive materials to their property were preempted by the Price-Anderson Act (PAA). The home owners claimed that their property had been damaged by soil, dust, and air contami...

The Sixth Circuit held that the Michigan statute of limitations does not bar a nuisance and negligence suit brought by residents against a petroleum company. The residents brought a class action suit against the petroleum company for ongoing discharges and contamination. The lower court dismissed th...

The Ninth Circuit held that RCRA's "anti-duplication" provision does not preclude its application to stormwater discharges where EPA has not regulated them under the CWA. Concerned citizens brought a citizen suit against a utility company under RCRA, claiming it allowed harmful chemicals used to tre...

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...