A district court held that St. Louis home owners' nuisance claims against a pharmaceutical company alleging migration of radioactive materials to their property were preempted by the Price-Anderson Act (PAA). The home owners claimed that their property had been damaged by soil, dust, and air contami...

The Sixth Circuit held that the Michigan statute of limitations does not bar a nuisance and negligence suit brought by residents against a petroleum company. The residents brought a class action suit against the petroleum company for ongoing discharges and contamination. The lower court dismissed th...

The Ninth Circuit held that RCRA's "anti-duplication" provision does not preclude its application to stormwater discharges where EPA has not regulated them under the CWA. Concerned citizens brought a citizen suit against a utility company under RCRA, claiming it allowed harmful chemicals used to tre...

The Fourth Circuit held that a proposed class of residents alleging that improper chemical disposal at a Frederick, Maryland, Army base contaminated their groundwater can't sue the government. The residents brought a claim under the Federal Torts Claim Act alleging that the Army negligently disposed...

A district court held that a solar energy company that entered into an agreement to close a landfill and turn it into a solar farm cannot recover closure costs under CERCLA. The solar company bought the property and entered into an agreement with the New Jersey Department of Environmental Protection...

A Louisiana appeals court held that an oil company's oilfield cleanup plan was properly rejected by a trial court. An oil company sued a larger oil company alleging environmental damage to its property caused by decades of oil and gas exploration activities. The larger company was found 100% liable ...

A district court held an Alabama industrial park owner can't pursue claims against the federal government for damage to its property that occurred during a Superfund cleanup. As part of the cleanup, EPA disposed of, cut, severed, tore up from the ground, and removed roughly 1,400 feet of track owned...

A district court held that a tribal appellate court had the authority to impose permit fees on an operator of a phosphorus production plant. The plant sits on 1,450 acres of land lying mostly within Shoshone-Bannock Fort Hall Reservation, and produced 22 million tons of waste stored on the reservati...

An Illinois appellate court held that owners of an apartment building tainted by a leaky underground gasoline storage tank should have been allowed to join cleanup litigation brought by the state. The state sued two oil companies for a 2014 spill that contaminated soil and groundwater. The spill cre...

The Ninth Circuit reversed a district court decision that allocated 100% liability under CERCLA to a government contractor seeking contribution from the U.S. government. For 60 years the contractor operated a manufacturing facility where it manufactured aircrafts primarily for the U.S. government. F...