The D.C. Circuit held that EPA's verified recycler exclusion under RCRA was unreasonable. In 2015, EPA issued a final rule rule governing when certain hazardous materials qualify as “discarded,” subjecting them to the Agency's authority. The new rule required generators of waste to meet special ...

The Sixth Circuit held that a battery company did not waive insurance coverage in connection with a battery storage facility in New Jersey because of a settlement with its insurance company decades prior. The battery company acquired another company and discovered that several of its factories may h...

A Virginia appeals court held that ash from incineration of biosolids at a wastewater treatment plant cannot be used to raise the ground level of a flood-prone agricultural field. In 2008, the Hampton Roads Sanitation District (HRSD) began using the ash to raise the ground level of flood-prone field...

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...

The Second Circuit, in a summary order, affirmed a lower court decision that an insurance company has no duty to defend a plumbing company in an underlying state suit related to chemical contamination at Love Canal near Niagara Falls, New York. The allegations in the state action fall within the ins...

The Ninth Circuit, in an unpublished opinion, held that the United States is not liable under CERCLA for hazardous waste contamination at a former mine site in Idaho.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...