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CERCLA Law
 
City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

State of California v. Continental Insurance Company

Deputy Attorney General; Law Offices of Roger W. Simpson and Roger W. Simpson for
Plaintiff and Respondent.
This is an action by the State of California (State) to recover from various insurers
the costs of cleaning up the Stringfellow hazardous waste site. It has been pending since
1993. It has been to this court three times and to the California Supreme Court twice. At
this p... More...
   $0 (10-02-2017 - CA)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-26-2017 - CA)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-07-2017 - CA)

Lockheed Martin Corporation v. USA

The United States appeals its liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for a portion of the cost of cleaning up hazardous substances at three California facilities owned by Lockheed Martin (Lockheed or the Company). The government’s involvement at the facilities dates to the Cold War, when the Department of Defense contracted with Lockheed... More...   $0 (08-23-2016 - DC)

ASARCO v. Atlantic Richfield Compan

For over one hundred years, Asarco and its predecessors operated a lead smelting
facility in East Helena, Montana (the Site). From 1927 to 1972, Atlantic Richfield’s
predecessor operated a zinc fuming plant on land leased from Asarco at the Site.1 In
1972, Atlantic Richfield sold the zinc fuming plant and related property to Asarco.
Under the 1972 sale agreement (1972 Agree... More...
   $0 (04-13-2016 - MT)

LAWSON ENVIRONMENTAL SERVICES, LLC v. USA

On July 8, 2014, EPA issued Solicitation Number SOL-R7-14-00008 for environmental remediation services of residential properties at three lead-contaminated sites in the Washington County Lead District in Missouri, pursuant to CERCLA. AR 4, 82. The remediation services entailed the excavation and relocation of lead-contaminated materials - - including mine waste, soil, gravel, crushed rock, veget... More...   $0 (04-11-2016 - DC)

Texas Commission on Environmental Quality v. Exxon Mobil Corporation; Exxon Mobil Oil Corporation; Pennzoil-Quaker State Company and Shell Oil Companyt

In this case of first impression, the Texas Commission on Environmental Quality
contends that the two types of Superfund orders it is empowered to issue are mutually exclusive,
meaning that one order cannot be issued under both ordering provisions. The Commission further
contends that the Superfund order at issue here is an order issued under Section 361.188 of the Solid
Waste Dis... More...
   $0 (04-09-2016 - TX)

In re: Idaho Conservation League, et al.

Congress enacted CERCLA “to promote the timely cleanup of hazardous waste sites and to ensure that the costs of such cleanup efforts were borne by those responsible for the contamination.” Burlington N. & Santa Fe Ry. Co. v. United States, 556 U.S. 599, 602 (2009) (internal quotation marks and citation omitted). CERCLA vests in EPA “‘broad power to command government agencies and private parties... More...   $0 (01-29-2016 - DC)

United States of America v. CTS Holding, LLC

TJ, a family business, sold ceramic, tile, marble, granite, and other related
products from the time of its incorporation on January 2, 1962, through January 2011.
Around 1975, Philip Mularoni (“Mr. Mularoni”) and his brother, Richard Mularoni, purchased TJ from their parents, and, in 1991, Mr. Mularoni became the company’s sole owner and president. (PM Dep. 13:7-18, 14:7
13.) In ... More...
   $0 (01-01-2016 - NY)

EXXON MOBIL CORPORATION v. USA

In 1942 and 1943, during World War II, the Government entered into contracts with the corporate predecessors of Exxon Mobil Corporation (“Exxon”) to produce high octane aviation gasoline (“avgas”) that would be used to fuel military aircraft (“Avgas Contracts”).The Government considered avgas to be a “superfuel” that allowed airplanes to fly with more power, speed, quicker take-off, and was essent... More...   $0 (11-12-2015 - DC)

Magnesium Corp. of America v. Renco Group, Inc. and Ira Rennert

New York, NY - The trustees of Magnesium Corp. of America sued Ira Rennert and Renco Group, Inc. on breach of fiduciary duties which resulted in the plundering of the now-bankrupt mining company to pay for personal luxuries including a 100,000 square foot private beachfront home in the Hamptons.

Court docket entries for this case starting January 1, 2015:

Date Filed # Docket Te... More...
   $0 (02-27-2015 - NY)

Marilyn Van Horn v. Department of Toxic Substances Control

In this appeal from a demurrer sustained without leave to amend on the ground of uncertainty, we reverse in part. We conclude that plaintiff Marilyn Van Horn has stated a cause of action, by alleging that the procedure used by defendant Department of Toxic
2
Substances Control (the Department)—for placing a lien on real property for hazardous substance alleviation pursuant to Californiaâ... More...
   $0 (12-19-2014 - CA)

Marilyn Van Horn v. Department of Toxic Substances Control

In this appeal from a demurrer sustained without leave to amend on the ground of uncertainty, we reverse in part. We conclude that plaintiff Marilyn Van Horn has stated a cause of action, by alleging that the procedure used by defendant Department of Toxic
2
Substances Control (the Department)—for placing a lien on real property for hazardous substance alleviation pursuant to Californiaâ... More...
   $0 (11-26-2014 - CA)

Mohan Kutty, M.D. v. United States Department of Labor

Dr. Mohan Kutty appeals the district court’s
affirmance of the Department of Labor (DOL) Administrative Review Board’s (ARB)
determination that he is personally liable for back wages, including expenses physicians hired by
his clinics incurred in obtaining their J-1 waivers and H-1B visas, and civil penalties. Kutty ran
medical clinics in Tennessee and Florida under several cor... More...
   $0 (08-20-2014 - TN)

National Credit Union Administrative Board v. Nomura Home Equity Loan, Inc.

The National Credit Union Administration (“NCUA”) placed two federally chartered corporate credit unions, U.S. Central Federal Credit Union (“U.S. Central”) and

-3-

Western Corporate Federal Credit Union (“WesCorp”), into conservatorship. As liquidating agent, NCUA sued 11 defendants on behalf of U.S. Central, alleging federal and state securities violations.1 In a separa... More...
   $0 (08-28-2013 - KS)

Mountain States Mutual Casualty Company v. Christopher Roinestad



¶1 Respondents Christopher Roinestad and Gerald Fitz-Gerald were overcome by poisonous hydrogen sulfide gas while cleaning a large grease clog in a sewer near the Hog’s Breath Saloon & Restaurant (“Hog’s Breath”). The district court concluded that Hog’s Breath caused respondents’ injuries by dumpingsubstantial amounts of cooking grease into the sewer, thereby creating a fi... More...
   $0 (02-25-2013 - CO)

Planned Parenthood Southwest Ohio Region v. Mike DeWine

In 2004, Ohio passed a law criminalizing the distribution of mifepristone, also known as RU-486, unless the distribution mirrored certain protocols and gestational time limits identified by the FDA when mifepristone was first approved in 2000. Ohio Rev. Code § 2919.123 (the “Act”). Mifepristone, in combination with misoprostol, was the only form of medical abortion offered by Planned Parentho... More...   $0 (10-03-2012 - OH)

New Jersey Department of Environmental Protection v. Ofra Dimant

Seeking contribution for costs expended in the investigation and remediation of contaminated groundwater that tainted private wells in Bound Brook, the New Jersey Department of Environmental Protection and the Administrator of the New Jersey Spill Compensation Fund (hereinafter collectively the DEP), filed this action under the Spill Compensation and Control Act (Spill Act or Act). Although the DE... More...   $0 (09-26-2012 - NJ)

Northern Pacific Center, Inc. v. BNSF Railway Company

The Northern Pacific Center incurred costs to reduce pollution on a property it owns in Brainerd, Minnesota which had formerly been owned by BNSF Railway and used as a railcar construction and maintenance facility. The Center sued BNSF under the Minnesota Environmental Response and Liability Act (MERLA), Minn. Stat. § 115B.01 et seq., to recover its costs. BNSF moved for summary judgment on the b... More...   $0 (07-24-2012 - MN)

Emergency Services Billing Corporation, Inc. v. Allstate Insurance Company

This appeal concerns the interpretation of the phrase “consumer product in consumer use” in the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). 42 U.S.C. §§ 9601 et seq. Plaintiff-appellant, Emergency Services Billing Corporation (“ESBC”), is the billing agent for the Volunteer Fire Department of Westville (“Fire Department”), a town in central I... More...   $0 (02-02-2012 - IN)

Glenn Gates v. Rohm and Haas Company

This is an interlocutory appeal under Fed. R. Civ. P. 23(f) from the denial of class certification for medical monitoring and property damage. Plaintiffs aver chemical companies dumped an alleged carcinogen at an industrial complex near their residences. The District Court found individual issues predominated on exposure, causation, and the need for medical monitoring and also found individual iss... More...   $0 (08-25-2011 - PA)

C. Myers v. United States of America

Plaintiffs seek damages from the United States for injuries to a child allegedly caused by exposure to the toxic heavy metal thallium from soil dumped into a landfill adjacent to the child’s residence and school. The child, by her guardian ad litem, appeals a decision of the district court finding that the United States acted “reasonably” and did not breach any duty in conducting the soil re... More...   $0 (07-15-2011 - CA)

United States of America, et al., v. George A.Whiting Paper Co., et al., Appeal of Appleton Papers Inc. and NCR Corporation

In 2009, the United States and the State of Wisconsin (“the Governments”) filed suit in federal district court against eleven of the potentially responsible parties (“PRPs”) in an environmental cleanup, seeking response costs under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (CERCLA). Shortly thereafter, the Governments filed notice... More...   $0 (05-06-2011 - WI)

Jerry Adkins et al., v. Vim Reycling Inc., K.C. Industries, LLC and Kenneth R. Will

This appeal presents questions regarding the citizen-suit provisions in the federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et seq., including when a narrower government enforcement lawsuit may preclude a broader citizen suit, and how the citizen-suit provisions interact with the federalism doctrines of Colorado River and Burford abstention. The district court in this cas... More...   $0 (05-05-2011 - )

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