Mueller Copper Tube Products, Inc. v. Pennsylvania Manufacturers' Association Insurance Company

Plaintiff Mueller Copper Tube Products, Inc. ("Mueller") appeals from a district court decision granting summary judgment in favor of Defendant Pennsylvania Manufacturers' Association Insurance Company ("PMA"). Plaintiff alleges, in this diversity suit brought under Pennsylvania law, that Defendant breached its contractual duties to defend Mueller and provide coverage under several insuranc... More...   $0 (11-16-2007 - TN)

United States v. MidAmerican Energy Company and the City of Le Mars, Iowa

The Department of Justice on behalf of the Environmental Protection Agency (EPA) announced that a proposed consent decree was lodged today with the United States District Court for the Northern District of Iowa in United States v. MidAmerican Energy Company and the City of Le Mars, Iowa. The proposed consent decree would resolve civil claims alleged in a complaint filed simultaneously with the ... More...   $4600000 (06-04-2007 - IA)

State of New Mexico, et al. v. General Electric Company

This is a case in which the Attorney General for the State of New Mexico (AG) seeks unrestricted money damages exclusively under state law for groundwater contamination in Albuquerque's South Valley. The district court granted summary judgment to Defendants General Electric (GE) and ACF Industries (ACF) because the AG "failed to raise genuine issues of material fact on the essential elements o... More...   $0 (11-03-2006 - NM)

Jerome Davis v. Environmental Protection Agency


Before TACHA, Chief Circuit Judge, HARTZ, and TYMKOVICH, Circuit Judges.

Jerome Davis, a state prisoner in Nebraska, appeals from two judgments. The first dismissed his petition under 28 U.S.C. § 1361 for a writ of mandamus against the Environmental Protection Agency (EPA) because of the availability of a statutory remedy. The second judgment dismissed a subsequen... More...   $0 (09-06-2006 - KS)

Jerome Davis v. Environmental Protection Agency


Before TACHA, Chief Circuit Judge, HARTZ, and TYMKOVICH, Circuit Judges.

Jerome Davis, a state prisoner in Nebraska, appeals from two judgments. The first dismissed his petition under 28 U.S.C. § 1361 for a writ of mandamus against the Environmental Protection Agency (EPA) because of the availability of a statutory remedy. The second judgment dismissed a subsequen... More...   $0 (09-06-2006 - KS)

Pacific Sound Resources, et al. v. Burlington Northern Railway, et al.

A contribution claim under Washington's Model Toxics Control Act (MTCA) for recovery of cleanup costs against other potentially liable persons must be brought within three years 'from the date remedial action confirms cleanup standards are met.'1 While the Legislature broadly defines 'remedial action,' it did not define what action 'confirms' when cleanup standards are met. Pacific Sound... More...   $0 (01-07-2006 - WA)

United States of America v. W.R. Grace & Co., et al.

Libby, Montana, sits sixty-five miles south of the Canadian border. The seemingly rustic and picturesque environment of this area masks a troubling history - the community has been plagued with asbestos-related contamination. In 1999, the Environmental Protection Agency ("EPA") was called in to address disturbing health reports due to asbestos-related contamination. We must decide wheth... More...   $0 (12-04-2005 - MT)

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)

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