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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 ...

Gadsden Indus. Park, LLC v. United States

A district court held an Alabama industrial park owner can't pursue claims against the federal government for damage to its property that occurred during a Superfund cleanup. As part of the cleanup, EPA disposed of, cut, severed, tore up from the ground, and removed roughly 1,400 feet of track owned...

TDY Holdings, LLC v. United States

The Ninth Circuit reversed a district court decision that allocated 100% liability under CERCLA to a government contractor seeking contribution from the U.S. government. For 60 years the contractor operated a manufacturing facility where it manufactured aircrafts primarily for the U.S. government. F...

SPS LP v. Sparrows Point, LLC

A district court ruled that passive migration of benzene from a former steel mill to an adjoining shipyard does not make the owners liable for a "disposal" under CERCLA. The plaintiff's shipyard contained a "graving dock," which is used for the "repair or scrapping of ships under dry conditions." Th...

Emhart Industries Inc. v. New England Container Co.

A district court held that an industrial chemical company is not liable for fines for refusing to comply with an administrative order under CERCLA. In an previous decision, the company was found jointly and severally liable for the release of dioxin at the Centredale Manor Restoration Project Superf...

El Paso Natural Gas Co. LLC v. U.S.

A district court held that a natural gas company can seek contribution from the federal government for uranium contamination cleanup under CERCLA. The company filed suit against the federal government for contribution for costs incurred cleaning up 19 former uranium mines on a Navajo reservation as ...

Chevron Mining Inc. v. DOI

The Tenth Circuit held that a mining company has the right to recover cleanup costs at a Superfund site because the U.S. government was an owner under the statute. Over the last century, the mining company and its corporate predecessors mined molybdenum at a site near Questa, New Mexico. The mining ...

Spokane, City of v. Monsanto Co.

A district court held that an agriculture company cannot pursue Superfund cost recovery against Spokane, Washington, over polychlorinated biphenyl (PCB) contamination in the Spokane River. The company produced PCBs from 1935 to 1970 that the city of Spokane claimed contributed to the impairment of t...

Dixon Lumber Co. v. Austinville Limestone Co.

A district court held that a mining company will not face CERCLA liability as a successor to another company because there was no overlap in ownership. The mining company and a lumber company purchased adjacent lots from an industrial company whose subsidiary operated a zinc and lead mine on what is...

United States v. Federal Resources Corp.

The Ninth Circuit, in an unpublished opinion, held that the United States is not liable under CERCLA for hazardous waste contamination at a former mine site in Idaho. A district court held the owners of the site liable for EPA's and the U.S. Forest Service's cleanup costs at the site, and the owners...