The Supreme Court of South Carolina held that the South Carolina Solid Waste Policy and Management Act (SWPMA) does not preempt a county ordinance requiring solid waste generated within the county to be deposited at a county or county-approved landfill. A hauling company and a landfill that oper...

A district court dismissed a development company's CERCLA contribution claim against a large corporation for costs the company incurred investigating and remediating environmental contamination on property caused by the corporation's legal predecessor. The company failed to state a claim for con...

The Federal Circuit, in a breach of contract case involving the U.S. government's failure to dispose of spent nuclear fuels (SNF) produced at San Onofre Nuclear Generating Station, held that certain indirect overhead costs incurred by an electric utility can be included in the utility's damages ...

The Second Circuit affirmed a lower court decision dismissing residents' RCRA claims against a minerals processing plant. The residents claimed that the plant was creating an imminent and substantial endangerment to human health and the environment by permitting its waste to seep into the groun...

The Federal Claims Court held that the U.S. government need not indemnify developers for remediation costs they incurred complying with state agency orders concerning property formerly used as a military base. The developers' insurance company sought reimbursement from the government under the ...

A district court held that environmental groups may pursue a RCRA claim against the current and former owners of a steel mill for disposing of hazardous waste without a permit, but dismissed the groups' remaining RCRA and CWA claims. The groups' claims that the mill has released and continues t...

A district court granted in part and denied in part motions to dismiss a shipyard owner's CERCLA, RCRA, and tort law claims against the current owner of a steel mill. The court denied motions to dismiss the shipyard's CERCLA claims for contribution and response costs. The complaint contains factual ...

The D.C. Circuit dismissed petitions for review challenging DOE's attempt to withdraw its application to NRC for a license to construct a permanent nuclear waste repository at Yucca Mountain, Nevada, as well as its apparent decision to abandon development of the Yucca Mountain nuclear waste reposito...

A Wisconsin appellate court held that real estate agents may be held liable to the purchasers of their client's property for failing to disclose that a landfill next to the purchased property was a Superfund site. The purchasers learned that the landfill was a Superfund site shortly after closin...

A district court granted in part and denied in part motions to dismiss a property owner's CERCLA, RCRA, and state law claims against former owners and operators of nearby properties. One defendant argued that the court lacked subject matter jurisdiction over the RCRA claim because the notice let...