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CERCLA Law
 
Adrienne Anderson v. United States Department of Labor

This is a whistleblower action brought by Adrienne Anderson (Anderson) against Metro Wastewater Reclamation District (Metro) pursuant to various environmental statutes which prohibit discrimination against "any employee or any authorized representative of employees." Pursuant to the recommendation of one of Metro's local unions, the City of Denver's mayor appointed Anderson to Metro's Board o... More...   $0 (09-08-2005 - CO)

Jack Young and Debbie Young v. United States of America, et al.

Plaintiffs Jack Young, Debbie Young, Dayle James, and Barbara James purchased property, at a substantially reduced price, adjacent to a superfund site in Henryetta, Oklahoma. They subsequently discovered hazardous substances on their property, but did not take any action to contain or cleanup those substances. Instead, Plaintiffs sued the Federal Government and the City of Henryetta under t... More...   $0 (01-06-2005 - OK)

Central Illinois Light Company v. Home Insurance Company

Plaintiff Central Illinois Light Company (CILCO) filed suit against its excess liability insurers for indemnification of funds expended to investigate and remediate environmental contamination at several sites that formerly housed manufactured gas plants (MGPs). Defendant insurers filed nine motions seeking summary judgment or partial summary judgment. The circuit court granted five of these mo... More...   $0 (12-02-2004 - IL)

Sierra Club v. Seaboard Farms Inc. and Seaboard Corporation, Delaware corporations, and Shawnee Funding Limited Partnership, a Delaware partnership.

Sierra Club, Inc. appeals from the district court's grant of summary judgment to the defendants, Seaboard Farms Inc., Seaboard Corporation, and Shawnee Funding Limited Partnership (together, "Seaboard"), who own and operate a pig-farming operation in western Oklahoma. This case turns on the meaning of the word "facility" as used in the Comprehensive Environmental Response, Compensation, and L... More...   $0 (10-28-2004 - OK)

Kennedy Bldg. Assoc. v. Viacom, Inc.

Viacom, Inc., the corporate successor to Westinghouse Electric Corporation, appeals the judgment entered against it for damages and injunctive relief and the awards of attorneys' fees and prejudgment interest in this suit arising out of Westinghouse's environmental contamination of a site it once owned in Minneapolis. Kennedy Building Associates, the present owner of the contaminated prop... More...   $5225000 (07-21-2004 - MN)

City of Lodi v. Randtron

In this consolidated appeal, defendant Randtron, a dissolved corporation, appeals from the summary judgment and mandatory injunction issued in favor of plaintiff, the "People of the State of California." However, since the City has no authority to act in the name of the People, we shall refer to plaintiff as the City of Lodi (hereafter the City).1

The injunction requires Randtron to ... More...   $0 (05-05-2004 - CA)

American Cyanamid Company v. Daniel J. Sapuano, Jr., et al.

In 1977, Warren Picillo, Sr. and his wife agreed to allow part of their pig farm in Coventry, Rhode Island ("Picillo site") to be used as a disposal site for drummed and bulk waste. Later that year, after thousands of barrels of hazardous waste replaced what pigs at one time called home, a monstrous explosion ripped through the Picillo site. The towering flames, lasting several days, brought th... More...   $0 (04-09-2004 - MA)

State of Colorado v. Sunoco, Inc., et al.

This case concerns the cleanup of the Summitville Mine Site, an abandoned 550-acre gold mine located in the mountains of southern Colorado. For much of its history, the Site was mined using "conventional underground mining techniques." App. at 171. Because "these underground workings had a tendency to fill with groundwater during certain seasons, mine adit facilities [i.e., horizontal openings]... More...   $0 (08-07-2003 - CO)

Johnson Controls, Inc. v. Employers Insurance of Wausau, et al.

In 1980 Congress adopted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), popularly known as "Superfund," to promote the cleanup of hazardous waste. The Act empowered the federal government, through the Environmental Protection Agency (EPA), to identify hazardous waste sites and pursue remedial activities. As part of the remedial process, the government was au... More...   $0 (07-11-2003 - WI)

Joseph Dodge, et al. v. Cotter Corporation

Cotter's uranium mill ("the Mill"), which occupies a several hundred acre site in south-central Colorado, two and a half miles south of Caņon City, began operation in 1958. The Mill was operated for the extraction and concentration of uranium oxide from ore using both alkaline and acid leach processes that resulted in two types of waste: tailings, solid dust-like particles of ore, and raffinate... More...   $0 (04-23-2003 - CO)

Raytheon Constructors Inc., a Delaware corporation v. ASARCO Incorporated, a New Jersey corporation

The mine at issue in this case was owned by the Colorado Corporation when, in 1925, it encountered financial difficulties and defaulted on several debts, including those owed to Stearns-Roger (the predecessor in interest to Raytheon), ASARCO, and Metals Exploration Company. Those three entities together created Rawley Mine, Inc. ("RMI") as a part of a reorganization plan to recover the outstand... More...   $0 (03-11-2003 - CO)

United Steelworkers of America v. Oregon Steel Mills, Inc.;CF&I Steel, L.P., doing business as Rock Mountain Steel Mills

USWA brings this action under Section 304(a) of the CAA (the "citizen suit" provision), alleging that the Pueblo Mill had been operating two electric arc furnaces ("EAFs"), which are used to melt scrap steel, in violation of the Act. USWA's amended complaint alleges infringement of two sets of CAA regulations: (1) the new source performance standards ("NSPS requirements"), which regulate partic... More...   $0 (03-03-2003 - CO)

State of California, etc. v. Albert Campbell, et al. v. Lousiana-Pacific Corporation

This case arises out of contamination of groundwater in Chico, California, with the chemical trichloroethylene (TCE). After extensive investigation, the State of California brought suit against appellants alleging that the land they owned1 was the source of the contamination. In an earlier summary judgment that was affirmed by this Court, they were found to be among those responsible for the... More...   $0 (02-14-2003 - CA)

Tod N. Rockefeller v. Spencer Abraham, in his official capacity as Secretary, United States Department of Energy

Tod N. Rockefeller, proceeding pro se, appeals the district court's order granting summary judgment in favor of his former employer, the United States Department of Energy (Department), on each of the claims in his complaint. Our jurisdiction arises under 28 U.S.C. § 1291. We affirm.

Rockefeller was employed by the Department as an environmental specialist. The Department terminated Rock... More...   $0 (02-05-2003 - NM)

Niagara Mohawk Power Coporation v. Jones Chemical, Inc., et al.

Niagara Mohawk Power Company ("NMPC"), having paid environmental costs for cleaning up the industrial peninsula and harbor at Utica Terminal, brought claims for contribution against (inter alia) Mohawk Valley Oil ("MVO") pursuant to the New York Navigation Law § 181 and the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601, et seq. ("CERCLA"). The United Stat... More...   $0 (01-28-2003 - NY)

Plaza Speedway, Inc. v. United States of America; Department of the Army

Plaintiff Plaza Speedway, Inc. (Speedway), operator of a dirt racetrack adjacent to the Marshall Army Airfield at Fort Riley, Kansas, brought this Federal Tort Claims Act (FTCA) and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) action against the United States contending the Army had contaminated Speedway's groundwater and soil. The suit was based upon activities at... More...   $0 (12-02-2002 - KS)

Aviall Services, Inc. v. Cooper Industries, Inc.

The question presented in this case is whether § 113(f)(1) of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") allows a "potentially responsible party" (PRP) to seek contribution from other PRPs for environmental cleanup costs when no civil action has been brought under CERCLA §§ 106 or 107(a). See 42 U.S.C. §§ 9606, 9607(a), 9613(f)(1) (2000) (hereinafter,... More...   $0 (11-14-2002 - TX)

Broward Gardens Tenants Association, et al. v. United States Environmental Protection Agency, et al.

This case involves the cleanup of the Wingate Superfund Site, a sixty acre stretch of land that became contaminated with hazardous waste as a result of the City of Ft. Lauderdale's operation of a landfill and incinerators on the property. The Broward Gardens housing complex, situated about one-fourth of a mile from the Wingate site, was constructed during the City's operation of the landfill. Afte... More...   $0 (11-08-2002 - FL)

IDEM v. Roland

Plaintiff-Appellant, the Commissioner of the Indiana Department of Environmental Management ("IDEM"), appeals the trial court's grant of summary judgment in favor of the Defendants-Appellees, Dan McArdle (McArdle) and Rubber Material Handling, Inc. ("RMH"). See footnote

We reverse and remand.

ISSUES

IDEM presents two issues for our review, which we restate as:

I. ... More...   $0 (10-03-2002 - IN)

Northern Illinois Gas Company v. The Home Insurance Company, et al.

This dispute arises out of a declaratory judgment action filed by plaintiff-appellant, Northern Illinois Gas Company, now known as Nicor Gas (Nicor), against defendant-appellees: The Home Insurance Company (Home); Certain Underwriters at Lloyd's and Certain London Market Insurance Companies (London); Lexington Insurance Company (Lexington); Century Indemnity Company (Century); Northwestern Nationa... More...   $0 (09-10-2002 - IL)

Morrison Enterprises v. McShares, Inc.

After a bench trial, the district court granted defendant judgment in plaintiff's suit under the Comprehensive Environmental, Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9601­9675. We conclude that the district court failed to grant plaintiff a presumption to which he was entitled under CERCLA. Exercising our jurisdiction pursuant to 28 U.S.C. § 1291, we reverse the ... More...   $0 (08-02-2002 - KS)

Joshua Hill, Inc.; Marc A. Zaid, v. Whitemarsh Township Authority; William J. Carmint; George K. Palmer; Richard M. Lam; Christian K. Wagner, et al.

This appeal requires us to determine the meaning and application of the word "release" in the Pennsylvania Hazardous Sites Clean-Up Act, 35 P.S. S 6020.101, et seq. ("HSCA" or "the Act"). Marc A. Zaid and Joshua Hill, Inc. ("plaintiffs") appeal from the District Court's judgment, rendered after a bench trial, in favor of defendants Whitemarsh Township, Whitemarsh Authority, and various W... More...   $0 (06-24-2002 - PA)

MSOF Corporation and Jay Paul LeBlanc v. Exxon Corporation, et al.

The plaintiffs own land in the Devil's Swamp area in the Parish of East Baton Rouge, Louisiana. On July 5, 1994, the plaintiffs filed suit against the defendants in Louisiana state court on behalf of themselves and all other similarly situated landowners, alleging that the defendants were responsible for contaminating their land with toxic chemicals. The defendants removed the case to the United S... More...   $0 (06-20-2002 - TX)

Blasland, Bouck & Lee, Inc. v. City of North Miami

The City of North Miami hired Blasland, Bouck and Lee (Blasland), an environmental engineering firm, to clean up a polluted parcel of land owned by the City. The City was required to clean up the land by a consent decree it had entered into with the United States Environmental Protection Agency in settlement of a lawsuit the EPA had brought against the City under the Comprehensive Environmental Re... More...   $0 (03-01-2002 - FL)

Donaldson v. Central Illinois Public Service Company

This is a toxic tort case. Plaintiffs are the parents of four children suing, on their own behalf and on behalf of their children, inter alia, Central Illinois Public Service Company (CIPS), the owner of a former manufactured gas plant in Taylorville, Illinois (Site). The plaintiffs alleged that certain acts or omissions by CIPS, and three of its contractors, during the cleanup of the Site caused ... More...   $3200000 (02-22-2002 - IL)

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