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Garrett Day LLC v. Int'l Paper Co.

A district court permitted a contribution suit under CERCLA against a paper company to proceed in a case involving a site in Dayton, Ohio. The site was allegedly contaminated with numerous hazardous chemicals that were used in the paper-making process over the course of 100 years. A commercial prope...

Charter Township of Lansing v. Lansing Board of Water and Light

A district court denied a state water and power board's motion to dismiss a CERCLA suit brought by two goverment entities for costs related to a drain project in Lansing, Michigan. The government entities sued the board for the increase in costs assessed for the building of a storm drain in a distri...

ASARCO, LLC v. Noranda Mining, Inc.

The Tenth Circuit reversed a district court ruling that barred a mining company from pursuing a CERCLA contribution claim for the Lower Silver Creek/Richardson Flat site because of representations it made to a bankruptcy court concerning its settlement agreement with EPA. In 2009, as part of a Chapt...

Florida Power Corp. v. FirstEnergy Corp.

A district court, on cross-motions for summary judgment, held that a utility company should not be held liable under CERCLA for the release of hazardous substances on two properties owned by an energy company. The energy company brought this action under CERCLA to recover cleanup costs it incurred i...

United States v. Atlantic Richfield Co.

A district court denied as untimely a newspaper’s motion to intervene in a case involving a 27-year-old CERCLA action. The newspaper claimed it had, under state law, the right to information related to confidential settlement negotiations that took place between the U.S. government and a mining co...

LCCS Group v. A.N. Webber Logistics, Inc.

A district court denied a waste hauling company's motion to dismiss a CERCLA suit filed against it for alleged soil and groundwater contamination contributed by its predecessor to a hazardous waste site in Chicago, Illinois. The company argued that the current owner of the site failed to sufficientl...

Goodeagle v. United States

The Court of Federal Claims, in a case involving several claims arising out of the alleged federal mismanagement of tribal lands, held that CERCLA does not bar a tribe from seeking natural resource damages even though cleanup efforts at the site are not complete. The government argued CERCLA's bar o...

Pakootas v. Teck Cominco Metals, Ltd.

The Ninth Circuit held that a mining company that operates a smelter in Canada should not be held liable as an arranger under CERCLA for the release and threatened release of hazardous substances in the Upper Columbia River. The company could not be said to have "arranged" for the "disposal" of haza...

North River Mews Assocs. v. Alcoa Corp.

In an unpublished opinion, a district court held that a developer may go forward with its CERCLA, tort law, and fraudulent concealment claims against the former owner of contaminated property under which PCB-contaminated USTs were discovered after the developer purchased the property. The developer ...

Valbruna Slater Steel Corp. v. Joslyn Manufacturing Co.

A district court denied a manufacturing company's motion to certify for interlocutory appeal certain questions pertaining to its statute of limitations and claim preclusion defenses in an underlying case over who should bear the cost of cleaning up contamination at a steel processing site. The curre...