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Hulbert v. Port of Everett

A Washington appellate court held that the former owners of contaminated property may be held liable under the state's Model Toxics Control Act (MTCA). Fifteen years after the former owner sold the property to a port, the port notified the former owners that they were potentially liable part...

Carlson v. Ameren Corp.

A district court held that the owners of contaminated property may be held liable under RCRA for obstructing the former owner's ability to clean up the site. After purchasing the property from a power company, the owners filed suit against the power company under RCRA. The company then filed...

Enns Pontiac, Buick, & GMC Truck v. Flores,

A district court denied a property owner's motion to add RCRA claims to its CERCLA and state law action against a dry cleaner for groundwater contamination. The property owner failed to comply with RCRA's notice requirements. The boilerplate and conclusory RCRA notices provided by the owner fai...

U.S. Magnesium, LLM v. Environmental Protection Agency

The D.C. Circuit denied a petition challenging a magnesium plant's inclusion on the NPL. EPA uses a hazard ranking system (HRS) to determine whether to place a site on the NPL. Petitioners argued that EPA erred in calculating the HRS score and that if these errors were corrected, the site's ...

Dominion Resources, Inc. v. United States

The Federal Circuit upheld a lower court decision awarding an energy company $42.7 million for the government's breach of contract relating to spent nuclear fuel (SNF) storage costs at one of the company's facilities. Included in the company's claim for interim storage costs were the costs incu...

Yankee Gas Services Co. v. UGI Utilities, Inc.

The Second Circuit affirmed a lower court decision that the parent corporation of nine manufactured gas plants (MGPs) is not an "operator" of those plants for purposes of CERCLA liability. The current owners of the MGP sites filed suit against the parent corporation, seeking to recover costs th...

Honeywell International, Inc. v. Nuclear Regulatory Commission

The D.C. Circuit vacated an NRC decision in which it refused to consider the value of a company's "goodwill" in determining whether the company was exempt from certain financial requirements necessary for the decommissioning of a uranium processing plant. In 2007 and 2008, the NRC granted th...

United States v. Southern Union Co

The First Circuit affirmed a natural gas company's conviction for storing hazardous waste without a permit in violation of RCRA. The company is precluded from challenging a 2002 EPA rule authorizing Rhode Island's RCRA regulations because it failed to use the proper statutory procedure for j...

Stimson Lumber Co. v. International Paper Co.

A district court held that a lumber company's CERCLA action against the former owner of the company's sawmill and plywood manufacturing plant for reimbursement of past and future cleanup costs associated with the site is not barred by contract. When the lumber company purchased the plant in 1993, th...

Rococo Associates, Inc. v. Award Packaging Corp.

A district court, on motions for summary judgment, held that a property owner may go forward with its CERCLA claims against a printing company for environmental contamination stemming from the company's operations, but it dismissed the owner's RCRA claims against the company. The printing compa...