Liability, §107

A district court held that a PRP established the divisibility defense and, therefore, is not jointly and severally liable for cleanup costs at the Lower Fox River Superfund site in Wisconsin. On…

The Fourth Circuit held that a public utility that sold used PCB-containing electrical transformers in the 1980s to a company for reconditioning and resale should not be held liable under CERCLA…

A district court held that a power company may seek contribution for some of the cleanup costs it incurred at a site adjacent to Lake Superior in Ashland, Wisconsin. The company's CERCLA §113…

A district court held that a corporation may be held liable under CERCLA for contamination stemming from smelting operations in the early 1900s by a subsidiary of the corporation's…

The Fifth Circuit held that a corporation should not be held liable as an arranger under CERCLA for costs associated with cleaning up a plume of perchloroethylene (PERC) that discharged from a dry…

A district court, on motions for partial summary judgment, dismissed a property owner's CERCLA claims against a lessee who subleased the property to a dry cleaner, who then allowed…

A district court denied a manufacturing company's motion to dismiss a landowner's state law claims against it for breach of contract and for waste, but granted the company's motion…

The Second Circuit affirmed in part and remanded in part a lower court decision holding the corporate successor to a utility's former parent company liable for a portion of costs incurred…

The Second Circuit held that CERCLA does not allow a subcontractor hired to perform cleanup activities on a site the right to recover the value of unpaid work directly from the landowner. The…

A district court held that a water treatment company who purchased ferrous chloride crystals is jointly and severally liable for cleanup costs incurred after the bags in which the crystals were…