A district court denied a mining company's motion for partial summary judgment in a lawsuit concerning pollution from the company's British Columbia smelter along the Upper Columbia River. Tribal members sought natural resource damages for contamination of the river. The company argued the members' ...
The Sixth Circuit reversed a district court ruling in a lawsuit concerning 12 oil refinery sites that operated during World War II. The current owner of the refineries sought contribution from the U.S. government for environmental contamination discovered at the sites, arguing the government's produ...
The Oak Ridge Reservation is one of the largest U.S. Department of Energy (DOE) facilities in the country, with areas that are highly contaminated by chemicals, metals, and radionuclides. DOE is in the middle of a multi-decade, multi-billion-dollar cleanup there, and a recent Superfund decision for one portion of the site raises a number of significant legal issues. This Article addresses some related questions: Should radionuclides get less stringent cleanup than other equally harmful pollutants like mercury and polychlorinated biphenyls?
A district court granted in part and denied in part a pipeline owner's motion for summary judgment in a CERCLA suit brought by the owner of land where the pipeline is located in West Virginia. The landowner alleged that the pipeline leaked and contaminated her soil and groundwater, and sought to rec...
A district court granted a federal contractor's motion for partial summary judgment in a CERCLA liability suit brought by the state of New Mexico and a Native American reservation concerning Gold King Mine's release of millions of gallons of contaminated water into nearby rivers in 2015. The contrac...
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the U.S. government in a CERCLA liability lawsuit, requiring oil companies to reimburse approximately $50 million of EPA's environmental cleanup costs at a Superfund site in California. The government had sought reimbursement...
Superfund practitioners are waiting to see whether the U.S. Environmental Protection Agency (EPA) will designate perfluorooctanoic acid and perfluorooctane sulfonate, two chemicals in the per- and polyfluoroalkyl substances (PFAS) group, as CERCLA hazardous substances. Such a designation may lead to selected remedies being modified and further work being required at Superfund sites where remedies were believed to be complete. This Article explores potential future liability by reviewing provisions of the 2021 Remedial Design/Remedial Action (RD/RA) Model Consent Decree.
The U.S. Supreme Court unanimously held that a settlement of environmental liabilities must resolve a CERCLA-specific liability to give rise to a contribution action under §113(f)(3)(B), in a lawsuit concerning a landfill in Guam formerly owned by the U.S. Navy. After entering into a consent decree...
The Ninth Circuit affirmed a lower court ruling in a lawsuit concerning the U.S. government's and California's recovery of cleanup costs from a hazardous waste spill in the Sierra Nevada foothills that released toxic amounts of arsenic into local groundwater. Plaintiffs sued the company that had acq...
The Tenth Circuit upheld a lower court ruling ordering mining and finance companies to comply with EPA's requests for information related to cleanup of a contaminated site in Utah. The companies argued that EPA exceeded its authority under CERCLA when it issued the information requests, the requests...