Waste

The court holds that a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defendant is not entitled to access to materials from an earlier grand jury proceeding…

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…

The court grants in part and denies in part a Fed. R. Civ. P. rule 12(f) motion to strike certain affirmative defenses of a third-party defendant brought by a responsible party who was held liable…

The court holds that the U.S. Environmental Protection Agency's (EPA's) guidelines for carrying out the certification of Waste Isolation Pilot Plant's (WIPP's) compliance with…

The court holds that a town may recover under the New Jersey Sanitary Landfill Facility Closure and Contingency Fund Act costs it incurred cleaning up contamination from a closed landfill on…

The court holds that the U.S. Department of Transportation (DOT) acted within the scope of its discretion in issuing a regulation that established a rebuttable presumption that loose closures on…

The court rescinds a contract under which a metal refining company sold a contaminated site in Queens, New York, to the U.S. Postal Service. Applying New York law, the court first holds that…

The court holds that a former owner of petroleum-contaminated property is not liable to the current owner on state-law claims of fraud and strict liability for the alleged expense of removing…

The court holds that the owners of a contaminated site may not recover damages for negligence, gross negligence, or strict liability from an oil company that previously owned the site and used it…

The court refuses to preliminarily enjoin the U.S. Department of the Army from beginning incineration tests of chemical warfare agents at its disposal facility in Tooele, Utah. The court first…