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Edison Elec. Inst. v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA or the Agency) failed to justify application of its toxicity characteristic rule to mineral processing and electric utility wastes, and remands portions of the rule to the Agency for further proceedings. In the Resource Conservation ...

Briggs & Stratton Corp. v. Concrete Sales & Servs., Inc.

The court holds that a nail manufacturer did not own or control the hazardous materials generated by an electroplating company and, thus, is not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an arranger of hazardous waste. The court first holds th...

Donahey v. Bogle

The court holds that the owner of all the stock of the former lessee of a contaminated site is not liable as an operator under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a)(2). The court first holds that the owners' of the contaminated site may not be awarde...

Briggs & Stratton Corp. v. Concrete Sales & Servs., Inc.

The court holds that bus manufacturers were not arrangers under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the treatment or disposal of hazardous substances generated by an electroplating business. The owner and trustees of the site where th...

Cooper Indus., Inc. v. Agway, Inc.

The court holds that a manufacturer is liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for dumping scrap steel and aluminum at a Superfund site. The court also grants another company's motion to certify for interlocutory appeal wheth...

East Bay Mun. Util. Dist. v. Department of Commerce

The court holds that the U.S. government is not liable as an operator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for hazardous waste cleanup costs at an abandoned mine site. The court first holds that CERCLA clearly exposes the federal government to suit...

Ekotek Site PRP Comm. v. Self

The court holds that a potentially responsible party (PRP) must pay 1 percent of the past and future response costs incurred during the cleanup of a contaminated site in Salt Lake City, Utah, by a committee of PRPs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERC...

Browning-Ferris Indus. of Ill., Inc. v. Ter Maat

The court holds that a defendant-operator company and a defendant-transporter company are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for costs incurred in cleaning up the MIG/De Wane Superfund site in Illinois, and orders them each to pay over $2 ...

Citizens for a Better Env't v. Steel Co.

The court affirms a district court decision denying a steel company's motion to recover attorney fees from an environmental group under the Emergency Planning and Community Right-to-Know Act (EPCRA) §326. The group notified the company that it had missed several EPCRA reporting deadlines. Before th...

United States v. Tarkowski

The court awards an individual's attorneys $95,153.02 in attorney fees and expenses under the Equal Access to Justice Act (EAJA) for defending the individual in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit brought by the government. The government sued the in...