Disposal site cleanup

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 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 holds time barred a trespass action that an estate's representative brought against several companies for nonremoval of chemicals that they allegedly dumped on the decedent's…

Present BECKER, STAPLETON, MANSMANN, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and SAROKIN, Circuit Judges.
The court holds that under New Jersey law, a chemical transporter is…

The court holds ripe for adjudication an oil company's action for a declaratory judgment that the estate of its predecessor's deceased owner is liable under the Comprehensive…

The court denies a private-property owner injunctive relief on its claim that the U.S. Environmental Protection Agency (EPA) and EPA employees violated the Fourth Amendment to the U.S.…

The court holds that it lacks subject matter jurisdiction over third-party indemnification and duty-to-defend claims asserted by a defendant in a Comprehensive Environmental Response, Compensation…

The court holds that the presence of hazardous waste on industrial property that a company sold to an individual does not breach any express or implied warranties. The court first finds that the…