A district court found that an Indiana Superfund law allows for contribution claims even though the law does not directly reference them. In 2013, a hardware manufacturing company was found liable by the Indiana Department of Environmental Management (IDEM) for releases of hazardous substances on an...
A Pennsylvania court denied an insurer's motion for summary judgment, holding that it had no obligation to defend or indemnify toxic waste claims against its policyholder that occurred after the end of its policy. The policyholder was insured by the defendant from 1969 to 1979. In 2010, the Pennsylv...
A Pennsylvania court denied an insurer's motion for summary judgment, holding that it had no obligation to defend or indemnify toxic waste claims against its policyholder that occurred after the end of its policy. The policyholder was insured by the defendant from 1969 to 1979. In 2010, the Pennsylv...
The D.C. Circuit vacated an EPA final rule that exempted farms from reporting requirements for air releases from animal waste. In 2008 the EPA issued a final rule that generally exempts farms from CERCLA and EPCRA reporting requirements for air releases from animal waste, reasoning that the reports ...
A district court allowed a CERCLA recovery claim to go forward in a case involving mercury cleanup at the Thomas Edison light bulb factory. The plaintiff bought the property from the seller and the parties entered into an indemnification and settlement agreement (ISA). The plaintiffs brought suit ag...
A district court held that a property owner could not sue for cost recovery under CERCLA in connection with a New York property where uranium was processed for the first atomic bomb because the claim was untimely. In December 2012, the plaintiffs purchased the property from one of the defendants on ...
A district court held that cow manure can be a hazardous substance under CERCLA. A citizen group sued a dairy farm for its part in contaminating Lake San Marcos. The dairy farm moved for judgment on the pleadings on the grounds that no actionable hazardous release was claimed. The court held that CE...
A district court held that defendants responsible for dumping hazardous waste in a town park were not liable under CERCLA because they did not know of the hazardous nature of the material dumped. In 2013, a church pastor requested permission to replace and seed the topsoil of one of the park's socce...
A district court denied a winery's motion to strike claims by EPA under CERCLA, the CAA, and other statutes in connection with a release of ammonia that claimed the life of one worker. In 2012, the winery experienced a 284-pound release of anhydrous ammonia from its refrigeration system. A cloud of ...
A district court held that a food company is not shielded from CERCLA liability by a settlement reached under RCRA related to the same site. EPA brought suit against the food company, a successor to the company that operated the site until 1982, for response costs the Agency occurred or would incur ...