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1,2 Dichloroethane
January 2005: Sixth Circuit Vacates District Court Rejection of Monitoring and Evaluation Recovery Cost Claims under CERCLA Village of Milford v. K-H Holding Corp., et al., ___F.3d___ 03-1597 (6th Cir. Nov. 23, 2004)
October 2004: Emerging Contaminants—Part II
1,2,3-Trichloropropane
May 2008: City of Bakersfield and California Water Service Company File Suit over TCP in City Drinking Water Wells California Water Service Company v. the Dough Chemical Company, et al. CIV 470999, filed March 7, 2008, San Mateo County Superior Court
October 2004: Emerging Contaminants Affecting Water Quality
1,3 Butadiene
December 2004: Recent Investigations, Settlements, Penalties and Sanctions
1,4-Dioxane
October 2004: Emerging Contaminants Affecting Water Quality
August 2004: Emerging Contaminants—Part 1
Abnormally Dangerous Activities
January 2008: District Court Upholds Landowners’ and Employees’ Claims for PCB Contamination against Chemical User and Manufacturer Abbatiello v. Monsanto Co., Solutia, Inc., ___F.Supp.2d___ 06 Civ. 0266(VM), 06 Civ. 3461 (VM), 07 Civ. 3258 (VM) (S.D. N.Y., Nov. 5, 2007)
Adjoining Landowners
October 2008: Wisconsin Court of Appeals Affirms Judgment Finding PRP Did Not Assume Duty to Neighboring Landowner Simply by Cleaning Up Site Dyer v. Blackhawk Leather LLC 2007AP1400 (Wis.App. July 30, 2008)
Administrative Cleanup Orders
November 2005: California Supreme Court Addresses Landfill Liability for Water Quality Impacts: If No Damage Award, then No Indemnity County of San Diego v. Ace Property & Casualty Insurance Co., ___Cal.4th___ S114778 (Cal. Aug. 29, 2005)
Agriculture
November 2006: Spinach Processing under Scrutiny as E-Coli Outbreak Sickens Nearly 200 People and Kills One
October 2003: Agricultural and Environmental Interests File Petition for Review of Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands SWRCB/OCC File No. A-1586 and A-1586(a) through A-1586(f)).
July 2003: Study Finds High Levels of Perchlorate in Lettuce from California's Imperial Valley
Air Pollution
February 2006: U.S. Environmental Protection Agency Issues Proposes Rule to Review National Ambient Air Quality Standards for Particulate Matter
January 2004: New Adventures in Project Cumulative Impact Assessments
June 2003: Fifth Circuit Applies Texas Law and Upholds Jury Verdict for Trespass by Airborne Particulates H. E. Stevenson v. E. I. DuPont de Nemours and Company ___F.3d___, Case No. 02-40569 (5th Cir. April 3, 2003).
September 2002: New Jersey Court Finds No Coverage for Indoor Carbon Monoxide Poisoning under Limited Form Pollution Exclusion Leo Haus, Inc. v. Selective Insurance, ___A.2d___, Case No.A-5301-00T5 (Superior Court of New Jersey, Appellate Division, July 5,2002).
September 2002: Ninth Circuit Upholds EPA's Orders Invalidating Prevention of Significant Deterioration Permit Issued by State Agency State of Alaska, et al. v. United States Environmental Protection Agency ___F.3d___, Case Nos.00-70166,00-70169,00-70175 and 00-70301 (9th Cir.July 30,2002).
August 2002: Another New York Court Finds Indoor Fumes Are Not Subject to the Absolute Pollution Exclusion.

Belt Painting Corp. v. TIG Ins. Co., 742 N.Y.S.2d 332 (N.Y.App.May 13,2002).

November 2001: Court of Appeals: Ninth Circuit Rejects EPA's Interpretation of Clean Air Act § 110(l). Hall v. United States Environmental Protection Agency ___F.3d___ Case No. 9970853 (9th Cir. Aug. 29, 2001).
Alkylphenol Etoxylates
October 2004: Emerging Contaminants—Part II
Aluminum Smelting
August 2008: Fifth Circuit Affirms Stipulated Order Regarding Consent Decree as Implementing a Remedy Rather than Modifying the Consent Decree U.S. v. Alcoa, Inc., ___F.3d___ 07-50706, 07-50820. (5th Cir. June 24, 2008)
Ammonia
January 2005: Recent Investigations, Settlements, Penalties and Sanctions
December 2004: Sierra Club Makes Oklahoma Pig Farm Squeal in CERCLA Ammonia-Emission Suit Sierra Club v. Seaboard Farms Inc., ___F.3d__ O3-6104 (10th Cir. Oct. 28, 2004)
Animal Byproducts
November 2007: Eleventh Circuit Finds Public Officials Entitled to Qualified Immunity on Equal Protection Claim Relative to Environmental Enforcement Griffin Industries, Inc. v. Tommy Irvin, ___F.3d___ 06-12370 (11th Cir. Aug. 21, 2007)
December 2004: Sierra Club Makes Oklahoma Pig Farm Squeal in CERCLA Ammonia-Emission Suit Sierra Club v. Seaboard Farms Inc., ___F.3d__ O3-6104 (10th Cir. Oct. 28, 2004)
April 2004: District Court Finds Rhode Island Law Protects Superfund Debtor from Contribution Liability Rohm & Haas Company v. Capuano ___F.Supp.2d___, Case No. 02-521S (D.R.I. Feb. 3, 2004).
February 2004: Eleventh Circuit Affirms Dismissal of RICO Action Premised on Environmental Pollution Eugene C. Andersen v. Smithfield Foods, Inc. ___F.3d___, Case No. 02-14089, 02-15657 (11th Cir. Dec. 17, 2003).
October 2002: Court of Appeals: In an Issue of First Impression, the Ninth Circuit Holds that Mussel Harvesting Byproducts Are Not "Pollutants" under the Clean Water Act Association to Protect Hammersley, Eld, and Totten Inlets v. Taylor Resources,Inc., ___F.3d___,Case No.00-35667 (9th Cir.Aug.6,2002).
Animal Grazing
March 2006: District Court Denies Clean Water Act and Endangered Species Act Challenges to U.S. Forest Service Grazing Permits Center for Native Ecosystems et al. v. Rick Cables and U.S. Forest Service, ___F.Supp.2d___ 04-CV-02409-PSF-CBS (D. Colo. Jan. 9, 2006)
Apportionment of Liability
July 2002: District Court: District Court in Delaware Reconsiders Prior Ruling and Allows CERCLA Action to Proceed against Corporate Parent BP Amoco v. Sun Oil Company, FMC Corporation, et al. ___F.Supp.2d___, Case No. 00-082-RRM, (D. Dela., April 30, 2002)
Aquatic Pesticides
April 2007: EPA’s New Aquatic Pesticide Rule Leaves Wake of Uncertainty
July 2001: Application of Aquatic Pesticides: State and Federal Regulators Continue Work to Soften Impacts of the "Talent" Decision
Arsenic
April 2008: aaa aaa aaa
March 2008: New Mexico Cities and Towns Struggle to Achieve Compliance with EPA’s Arsenic Rule
January 2008: West Virginia Jury Hits Dupont with $196 Million in Punitive Damages for ‘Willful and Wanton’ Conduct
February 2007: Eighth Circuit Finds Contribution for CERCLA Liability Depends on Substantial Continuity Test K.C. 1986 Limited Partnership v. Reade Manufacturing, et al., ___F.3d___ 05-2064, 06-1944, 05-2068 (8th Cir. Jan. 4, 2007)
January 2007: Federal Arsenic Drinking Water Standards Create Great Difficulty for Implementing Water Departments
March 2005: Tenth Circuit Rejects CERCLA Investigative Response Cost Claims in the Absence of an Actual Cleanup Young, et al. v. United States, ___F.3d___ 02-7133 (10th Cir. Jan. 4, 2005)
January 2005: Illinois District Court Declines to Dismiss Groundwater Contamination Claim under the Statute of Limitations Ludwig v. Pilkington North America, Inc., ___ F.Supp.2d ____ 03 C 1086 (N.D. Ill. Oct. 25, 2004)
June 2004: California  Environmental Protection Agency Sets Public Health Goal for Arsenic in Drinking  Water
January 2004: District Court in Illinois Certifies Pollution Case as Class Action Ludwig v. Pilkington North America, Inc. ___F.Supp.2d___, Case No. 03 C 1086 (N.D. Ill. Nov. 10, 2003).
August 2003: Illinois District Court Holds CERCLA Strips Court of Jurisdiction to Hear Equitable Relief Claims Related to CERCLA Site Ludwig v. Pilkington North America, Inc. ___F.Supp.2d___, Case No. 03 C. 1086, (N.D. Ill. June 5 (revised June 9) 2003).
January 2003: Eleventh Circuit Upholds Dismissal of Challenges to Remediation of Superfund Site already in Progress Broward Gardens Tenants Assoc. et al. v. U.S.Environmental Protection Agency et al., ___F.3d___, Case No. 01-15117 (11th Cir., Nov. 5, 2002).
December 2002: Texas District Court Evaluates Standard for Pre-Suit Notice under RCRA In re Voluntary Purchasing Groups, Inc. Litigation ___ F.Supp.2d ___, Case No. 96-CV - 2985-H (N.D. Tex. Oct. 16, 2002).
November 2002: Tenth Circuit Holds that Federal RCRA Enforcement Is Permissible even after a State Initiates Its Own Enforcement Action United States v. Power Engineering Co ___F.3d___, Case No. 01-1217 (10th Cir. Sept. 4, 2002)
Asbestos
November 2007: Ninth Circuit Holds that the Clean Air Act’s Criminal Provisions Define ‘Asbestos’ Differently than the Act’s Civil Provisions U.S. v. Grace, ___F.3d___ 06-30472, 06-30524 (9th Cir. Sept. 20, 2007)
June 2007: District Court Holds Asbestos Building Materials, Left Intact within the Structure, Do Not Constitute Disposed Materials under CERCLA or Solid Waste under RCRA Sycamore Industrial Park Associates v. Ericsson, Inc., ___F.Supp.2d___ 06 C 0768 (N.D. Ill., Mar. 30, 2007)
June 2006: Second Circuit Directs District Court to Further Enhance Criminal Sentencing for Company Owner Convicted of Clean Air Act and Conspiracy Violations United States v. Thorn, ___ F.3d ___ 03-1602(L), 03-1676(XAP) (2nd Cir. April 27, 2006)
March 2006: Kentucky Is a “One-Disease” State for Toxic Exposure Combs v. Albert Kahn & Associates Inc. 2004-CA_002178-MR (Ky. App. Jan. 1, 2006)
January 2006: Ninth Circuit Affirms that EPA Engaged in Removal, Not Remedial Action, under CERCLA United States v. W.R. Grace & Co., ___F.3d___ 03-35924 (9th Cir. Dec. 1, 2005)
October 2005: Recent Investigations, Settlements, Penalties and Sanctions
July 2005: Eighth Circuit Defers to EPA’s Statutory Interpretation as to EPA’s Own-Jurisdiction under the Clean Air Act Lyon County Landfill v. U.S. Environmental Protection Agency, ___F.3d___ 04-2689 (8th Cir. May 9, 2005)
May 2005: Second Circuit Rejects ‘Insular Religious Community’ Defense for Criminal Asbestos Violations United States v. Marvin and Isaac Rubenstein, ___F.3d___ 03-1721 (March 31, 2005)
April 2005: Recent Investigations, Settlements, Penalties and Sanctions
February 2005: Recent Investigations, Settlements, Penalties and Sanctions.
December 2004: California Court of Appeal Upholds Asbestos Emissions Standards Coalition for Reasonable Regulation of Naturally Occurring Substances v. California Air Resources Board, ___Cal.App.4th___ C041897 (Cal. App. Oct. 1, 2004)
April 2004: Third Circuit Holds Prudential Insurance Failed to Establish RICO Claim against Asbestos Manufacturers and Sellers Prudential Insurance Company of America v. National Gypsum Company ___F.3d___, Case No. 02-3837 (3rd Cir. Feb. 20, 2004).
November 2003: District Judge Approves Revised Method for Calculating Indirect Costs under CERCLA and Gives EPA Large Award United States of America v. W.R. Grace & Company- Connecticut, et al. ___F.Supp.2d___, Case No. CV 01-72-M-DWM (D. Mont. Aug. 26, 2003).
July 2002: Third Circuit Vacates Clean Air Act Prison Sentence but Holds Majority of Sentence Enhancements Warranted. United States v. Chau, Case No. 00-2720 ___F.3d___, (3rd Cir. June 4, 2002)
: Second Circuit Rules on the Clean Air Act’s Scienter
Ash
April 2006: Northeastern States Actively Pursue Claims for Damage to Water Resources
Assault & Battery
April 2004: District Court Dismisses Claims of Assault, Battery, and Nuisance Arising from Arsenic Contamination In Re Voluntary Purchasing Groups, Inc. Litigation ___F.Supp.2d___, Case No. 3:96-CV-1929-H (N.D. Tex. March 1, 2004).
Attorneys Fees
February 2005: Commonwealth Court of Pennsylvania Awards Attorney’s Fees under the Pennsylvania Clean Streams Law. Solebury Township v. Penn. Department of Environmental Protection, Case Nos. 824 C.D. 2004, 881 C.D. 2004 (Penn. Comm. Ct. Dec. 8, 2004).
May 2003: D.C. Circuit Court Awards Fees to Catalysts in Clean Air Act Suit Sierra Club v. U.S. Environmental Protection Agency ___F.3d___, Case No. 001262, (D.C. Cir. March 18, 2003).
June 2002: Defendants Escape with Sanctions Sought because of Their Alleged Failure to Comply with Discovery Orders Kara Holding Corp. v. Getty Petroleum Marketing, Inc. ___F.Supp.2d___, Case No. 99 Civ. 0275 (RWS), (S.D. N.Y. March 29, 2002).
April 2001: California Court of Appeal Declines Automatic Disqualification of Attorney Whose Former Firm had Represented Adversary in Related Environmental Matters Daphne v. Aerojet-General Corporation ___Cal.App.4th___, Case No. CO31323 (3rd. Dit. Feb. 7, 2001)
Bankruptcy
October 2001: First Circuit Allows Creation and Perfection of State Government's Environmental Cleanup Lien Despite Bankruptcy Stay In Re 229 Main Street Limited Partnership ___F.3d___, Case No. 00-2236 (1st Cir. Aug. 22, 2001).
Benzene
January 2007: Second Circuit Holds Property Damage Includes the Passive Migration of Contamination into Soil and Groundwater for Purposes of Insurance Coverage Olin Corporation v. Certain Underwriters at Lloyd’s of London, ___F.3d___ 05-5123-cv (2nd Cir. Nov. 7, 2006)
August 2006: Litigant’s Failure to Explicitly Raise an Issue Before the District Court Is Foreclosed from Raising the Issue for the First Time on Appeal Esso Standard Oil Company v. Carlos E. Rodriguez-Perez, ___F.3d___ 05-1722 (1st Cir. June 14, 2006)
December 2004: Texas Appeals Court Affirms Conviction of Utility Operator for Providing Benzene-Tainted Water to Customers McCelvey v. State of Texas, ___S.W.3d___ 03-02-00649-CR (Tex. App.—Austin Aug. 26, 2004)
February 2003: California Appellate Court Affirms Trial Court's Ruling that "Passive Migration" Is Not a "Discharge or Release" within the Meaning of the State's Proposition 65 Statute Consumer Advocacy Group Inc. v. Exxon Mobil Corp ___Cal.App.4th___, Case No. B153817 (2nd Dist. Dec. 17, 2002).
Bills and Legislation
March 2006: Virginia General Assembly to Address Garbage Barge Compromise on James River
January 2004: House Energy Bill’s MTBE Provisions: Industry “Gift Basket” or Congressional Apology?
January 2004: California Legislature Passes Two Bills Addressing Perchlorate Contamination
Biosolids
October 2007: District Court Rules that Complete Ban on Land Application of Biosolids Is Preemped by California Integrated Waste Management Act and Violates Dormant Commerce Clause City of Los Angeles et al. v. Kern County et al., ___F.Supp.2d___ CV 06-5094 (C.D. Cal. Aug. 10, 2007)
January 2007: District Court Rules that Complete Ban on Land Application of Biosolids Likely Is Preempted by State Law, Violates Dormant Commerce Clause, and Exceeds County’s Police Powers City of Los Angeles et al. v. Kern County et al., ___F.Supp.2d___ CV-06-5094 (C.D. Cal., Oct. 24, 2006) and (C.D. Cal. Nov. 20, 2006)
Brownfields
February 2007: Federal Tax Incentive for Brownfield Remediation Costs Is Reinstated and Expanded Via Tax Relief and Health Care Act of 2006
February 2007: Governor Schwarzenegger’s Budget Includes Proposals for Land Use Related Spending
December 2004: California’s New Land Reuse and Revitalization Act May Assist Brownfields Development
October 2002: A River Tale - The Cornfield to Taylor Yard: From Industrial Development Plans to State Parks’ Acquisition
Buyer and Seller
September 2005: Texas Court of Appeals Denies Tort Remedies to Landowner Who Purchased Property after Contamination Occurred West v. Brenntag Southwest, Inc., 06-04-00080-CV (Sixth Dist. Tex.App. July 20, 2005)
March 2005: Seventh Circuit Holds That No Further Remediation Letter Doesn’t Mean It’s Clean St. Charles Manufacturing Limited Partnership v. Whirlpool Corporation and Whirlpool Kitchens, Inc., ___F.3d___ 04-1762 (7th Cir. Feb. 11, 2005)
February 2005: California Court of Appeal Finds Sale Agreement Language Only Obligated Seller to Clean Up Pre- Sale Contamination. Sierra Club v. Wayne Weber LLC, Case No. 107/03-0654 (Iowa Dec. 3, 2004).
July 2003: Second Circuit Affirms Grant of Summary Judgment that Language in Purchase Contract for Sale of Petroleum Business Constituted Sale of Assets Excluding Environmental Liabilities RJE Corp. v. Northville Indus. Corp ___F.3d___, Case No. 02-9116 (2nd Cir. May 15, 2003).
May 2003: New York District Court Uses "Source of Knowledge" Standard to Decide Breach of Warranty Action Paraco Gas Corp. v. AGA Gas, Inc. ___F.Supp.2d___, 2003 U.S. Dist. LEXIS 3855 (S.D. N.Y. Mar. 14, 2003).
May 2001: Eighth Circuit Holds that Seller of Property Complies with Cleanup Obligations by Obtaining No Further Action Letter from Agency Contract Freighters, Inc. v. J.B. Hunt Transport, Inc. Case No.00-1225 (8th Cir. April 3, 2001)
Calcium Hypochlorite
February 2003: Eleventh Circuit Finds FIFRA Preempts Claim on Failure to Warn about Fire Hazards of Pool Chlorinating Product Lowe's Home Centers, Inc. v. Olin Corporation ___F.3d___, Case No. 0210518 (11th Cir. Dec. 6, 2002).
Carbon Monoxide
July 2008: District Court Orders EPA to Review and Revise Carbon Monoxide National Ambient Air Quality Standards Communities for a Better Environment et al. v. U.S. Environmental Protection Agency et al., ___F.Supp.2d_ __ Civ. 07-03678 (N.D. Cal. May 5, 2008)
August 2003: D.C. Circuit Finds Pollution Exclusion Does Not Bar Coverage from Carbon Monoxide Fumes Leaking from Furnace Richardson v. Nationwide Mutual Insurance Company. ___F.3d___, Case No. 01-SP-1451 (D.C. Cir. June 12, 2003).
March 2003: Pennsylvania Superior Court Finds Carbon Monoxide Is a Pollutant for Pollution Exclusion Purposes Matcon Diamond Inc. v. Penn National Insurance Co Case No. 186 WDA 2002 (Super. Ct. Penn. Jan. 17, 2003)
September 2002: New Jersey Court Finds No Coverage for Indoor Carbon Monoxide Poisoning under Limited Form Pollution Exclusion Leo Haus, Inc. v. Selective Insurance, ___A.2d___, Case No.A-5301-00T5 (Superior Court of New Jersey, Appellate Division, July 5,2002).
Carcinogens
April 2003: Childhood Cancer Risk: EPA Releases Draft Final Guidance and Supplemental Guidance for Public Comment 68 Fed. Reg. 10012 (March 3, 2003).
Chlorinated Solvents
August 2006: Litigant’s Failure to Explicitly Raise an Issue Before the District Court Is Foreclosed from Raising the Issue for the First Time on Appeal Esso Standard Oil Company v. Carlos E. Rodriguez-Perez, ___F.3d___ 05-1722 (1st Cir. June 14, 2006)
May 2004: Communities for a Better Environment and Exxon Reach Settlement over California Water Quality Communities for a Better Environment, et al. v. Tosco Corp., et al. San Francisco Super. Ct., Case No. 300595.
March 2003: Michigan Court of Appeals Affirms Finding of Divisible Harm under State's LUST Act Attorney General and Department of Natural Resources v. Clark Refining and Marketing, Inc. Case No. 229692 (Mich. App. Jan. 10, 2003).
Chlorine
November 2002: Recent Investigations, Settlements, Penalties and Sanctions
December 2003: Sixth Circuit Reverses District Court’s Downward Adjustments to Sentence for Clean Water Act Violations United States v. Kuhn 345 F.3d 431 (6th Cir. 2003).
Chlorofluorocarbons
March 2004: Ninth Circuit May Have Found Global Standing for Ozone Citizen Suits Covington v. Jefferson County, State of Idaho, District 7 Health Department ___F.3d___, Case No. 02-36000 (9th Cir. Feb. 5, 2004).
February 2003: Recent Investigations, Settlements, Penalties and Sanctions
Chromium 6
August 2006: Litigant’s Failure to Explicitly Raise an Issue Before the District Court Is Foreclosed from Raising the Issue for the First Time on Appeal Esso Standard Oil Company v. Carlos E. Rodriguez-Perez, ___F.3d___ 05-1722 (1st Cir. June 14, 2006)
April 2005: Third Circuit Affirms Massive Excavation and Cleanup Order of Hackensack River Site under RCRA Interfaith Community Organization, et al. v. Honeywell Int’l, Inc., et al., ___F.3d___ 03-2760, 03-3037, 03-3585 (3rd Cir. Feb. 18, 2005)
December 2004: Erin Brokovich Revisited: PG&E Proposes New Solution for Cleaning Up Hinkley’s Groundwater.
March 2003: Maryland District Court Makes It Easier to Bring Suit Under CERCLA 1325 "G" Street Associates v. Rockwood Pigments NA, ___F.Supp.2d___, Case No. DKC 2002-1622 (D. Md. Dec. 20, 2002)
November 2002: Tenth Circuit Holds that Federal RCRA Enforcement Is Permissible even after a State Initiates Its Own Enforcement Action United States v. Power Engineering Co ___F.3d___, Case No. 01-1217 (10th Cir. Sept. 4, 2002)
June 2002: District Court: New Jersey District Court Grants Standing to Community Organization in RCRA Suit against Owner of Former Chromate Chemical Production Facility. Interfaith Community Organization v. Honeywell International, Inc. ___F.Supp.2d___, No. 95-2097-DMC (D. N.J. March 12, 2002).
March 2002: Bankruptcy Judge Rejects Pacific Gas & Electric's Request for Board Preemtion of State Laws and Regulations In Re Pacific Gas and Electric Company Case No. 01-30923DM (U.S. Bankruptcy Court, N.D. Cal. Feb. 7, 2002)
May 2001: Chromium 6: Update on Legislation and Studies
Civil Enforcement Actions
April 2006: aaa aaa aaa
Civil Liability
September 2005: Recent Investigations, Settlements, Penalties and Sanctions
June 2005: Recent Investigations, Settlements, Penalties and Sanctions
March 2005: Recent Investigations, Settlements, Penalties and Sanctions
August 2004: Recent Investigations, Settlements, Penalties and Sanctions
May 2004: Complying More Cheaply—Reducing the Expense of Environmental Penalties and Fines
May 2004: Recent Investigations, Settlements, Penalties and Sanctions
April 2004: District Court Dismisses Claims of Assault, Battery, and Nuisance Arising from Arsenic Contamination In Re Voluntary Purchasing Groups, Inc. Litigation ___F.Supp.2d___, Case No. 3:96-CV-1929-H (N.D. Tex. March 1, 2004).
February 2004: Recent Investigations, Settlements, Penalties and Sanctions
1 December 2003: Recent Investigations, Settlements, Penalties and Sanctions
1 December 2003: New Jersey DEP Asserts $950 Million NRD Claim and Threatens Treble Damages under State Spill Act
November 2003: Damage Award of over $217 Million for PCB Contamination Reversed on Appeal in Kentucky State Court Rockwell Int’l Corp. v. Wilhite Case No. 1997-CA- 000188-MR (Ky. App. Aug. 8, 2003).
November 2003: Recent Investigations, Settlements, Penalties And Sanctions
October 2003: Recent Investigations, Settlements, Penalties and Sanctions
August 2003: Recent Investigations, Settlements, Penalties and Sanctions
July 2003: Recent Investigations, Settlements, Penalties and Sanctions
May 2003: Recent Investigations, Settlements, Penalties and Sanctions
April 2003: Recent Investigations, Settlements, Penalties and Sanctions
March 2003: Pennsylvania Superior Court Finds Carbon Monoxide Is a Pollutant for Pollution Exclusion Purposes Matcon Diamond Inc. v. Penn National Insurance Co Case No. 186 WDA 2002 (Super. Ct. Penn. Jan. 17, 2003)
December 2002: Indiana Appellate Court Applies "Responsible Corporate Officer Doctrine" to Officer of a Tire Recycling Facility Commissioner, Indiana Department of Environmental Management v. Roland et al. 2002 Ind. App. LEXIS 1637 (Ind. App. 3rd Dist. Oct. 3, 2002).
November 2002: Federal Investigations, Settlements, Penalties and Sanctions
October 2002: Federal Investigations, Settlements, Penalties and Sanctions
September 2002: Federal Investigations, Settlements, Penalties and Sanctions.
August 2002: Federal Investigations, Settlements, Penalties and Sanctions
August 2002: Third Circuit Broadly Interprets the Term "Release" in Pennsylvania Hazardous Sites Cleanup Act Joshua Hill, Inc. v. Whitemarsh Township Authority ___F.3d___, Case No.003677 (3rd.Cir.June 24,2002).
January 2002: Sixth Circuit Affirms EPCRA Civil Penalty for Failure to Submit Required Form "Rs" Steeltech, Ltd. v. United States Environmental Protection Agency ___F.3d___, Case No. 00-2008 (6th Cir. Nov. 28, 2001).
January 2002: Recent Federal Investigations and Criminal and Civil Liability
December 2001: Federal Investigations and Criminal and Civil Liability - Indictments, Pleas, Jury Verdicts, Sentencing, Settlements, Fines, Penalties and Important Cases
November 2001: Two Corporations Agree on $90 Million Soil Cleanup at Tom's River Superfund Site in New Jersey United States v. CDMG Realty Co. No. 89-4246 (D. N.J., proposed consent decree, filed September 10, 2001).
Civil Penalties
March 2006: Recent Investigations, Settlements, Penalties and Sanctions
February 2006: Lahontan RWQCB Proposes $700,000 Penalty against Two Lake Tahoe Landowners and Their Contractor for Sewage Spill
November 2002: Federal Investigations, Settlements, Penalties and Sanctions
June 2002: New York Court Limits Daily Civil Penalties to Period within Statute of Limitations State of New York v. Exxon Corp., 2002 N.Y. Misc. LEXIS 205 (Supreme Court of New York, Albany County, April 1, 2002).
June 2002: Federal Investigations, Penalties and Settlements
March 2002: Federal Investigations, Criminal Actions, and Settlements
April 2001: U.S. Announces Three Superfund Site Settlements in New York, Colorado, and Pennsylvania; $46 Million in Costs to be Paid United States v. Goodyear Tire & Rubber Co. No. 96-CV-07215 (W.D. N.Y., settlement filed on Jan) United States v. Berks Assocs. No. 91-4868 (E.D. Pa., settlement filed Jan. 19, 2001).
Civil Rights Claims
November 2004: District Court Denies Environmental Justice Claim under Federal Civil Rights Law Cox v. The City of Dallas, ___F.Supp.2d___ 3:98-CV-1763-BH (N.D. Tex. Sept. 22, 2004)
Class Actions
January 2004: District Court in Illinois Certifies Pollution Case as Class Action Ludwig v. Pilkington North America, Inc. ___F.Supp.2d___, Case No. 03 C 1086 (N.D. Ill. Nov. 10, 2003).
Cleanup
November 2003: Redevelopment Agency May Seek Order Compelling Party to Remove Environmental Contamination within a Project Area to Establish Standing under Polanco Redevelopment Act Redevelopment Agency of San Diego v. San Diego Gas & Electric Co. 111 Cal.App.4th 912 (4th Dist. 2003).
October 2003: New Research Indicates that Microbes Will Be Effective in Treating Vinyl Chloride Contamination
October 2002: District Court: District Court for the District of New Jersey Declines to Pierce the Corporate Veil in Environmental Cleanup Case Interfaith Community Organization v. Honeywell International, Inc. ___F.Supp.2d___,Case No.95-2097 DMC (D.N.J.July 26,2002).
August 2002: Bush Administration to Cut Funding for U.S. Environmental Protection Agency Cleanups at 33 Superfund Sites
June 2002: Colorado District Court Finds No Reason to Stay Clean Water Act Citizen Suit, Despite Existence of Pending State Agency Proceeding on Discharge Sierra Club, et al. v. El Paso Gold Mines, Inc. ___F.Supp.2d___, Civil Action No. 01-PC-2163 (D. Colo. April 12, 2002).
June 2002: California District Court Holds that Trusts, Like Other Entities Formed for Purposes of Performing Environmental Cleanups, Can Bring CERCLA Contribution Actions Karras v. Teledyne Industries, Inc., ___F.Supp.2d___ Case No. 99CV0996, (S.D. Cal. March 25, 2002).
March 2002: New York District Court Finds that State May Reimburse Municipality for Toxic Cleanup, then Seek Reimbursement under CERCLA against Responsible Parties New York v. Moulds Holding Corp. ___F.Supp.2d___,Case No.00-CV-1034 (N.D.N.Y.,Jan.28,2002)
January 2002: Seventh Circuit Determines that CERCLA Remedial Actions Are "Complete" once Planned Cleanup Procedures Have Been Carried Out Frey v. United States Environmental Protection Agency ___ F.3d ___, Case No. 002748 (7th Cir. Nov. 6, 2001).
October 2001: First Circuit Allows Creation and Perfection of State Government's Environmental Cleanup Lien Despite Bankruptcy Stay In Re 229 Main Street Limited Partnership ___F.3d___, Case No. 00-2236 (1st Cir. Aug. 22, 2001).
October 2001: First Circuit Refuses to Raise the Bar for Proving CERCLA Contribution Claims United States v. William M. Davis, et al. ___F.3d___, Case Nos. 00-1234, 001342, 00-1343, 00-1344, 001345, 00-1399, 00-1400, 00-1401, 00-1402, 00-1403 and 00-1404 (1st Cir. Aug. 17, 2001).
May 2001: Eighth Circuit Holds that Seller of Property Complies with Cleanup Obligations by Obtaining No Further Action Letter from Agency Contract Freighters, Inc. v. J.B. Hunt Transport, Inc. Case No.00-1225 (8th Cir. April 3, 2001)
March 2001: MOU Signals Progress toward Comprehensive Cleanup Plan for the San Gabriel Basin
January 2001: California: State Water Resources Control Board Issues Revised Statewide Enforcement Proposal to Standardize an Increasing Number of Enforcement Actions
Cleanup and Abatement Order
February 2007: District Court Holds Cleanup and Abatement Order Not Subject to Clean Water Act Citizen Suit Humboldt Baykeeper v. Union Pacific Railroad Co., ___F.Supp.2___ C 06-02560 JSW (N.D. Cal. Nov. 27, 2006)
Coal Bed Methane
June 2003: Ninth Circuit Holds Discharge of Unaltered Groundwater Is "Pollution" within the Meaning of the Clean Water Act Northern Plains Resource Council v. Fidelity Exploration and Development Company, ___F.3d___, Case No. 0235836 (9th Cir. April 10, 2003).
Common Law Claims
April 2008: District Court Holds Plaintiff’s Nuisance Claim Does Not Violate the Burford and Primary Jurisdiction Doctrines Corvello v. New England Gas Company, ___F.Supp.2d___ 05-221T, 05-274T, 05-370T, 05-522T (D. R.I. Jan. 30, 2008)
Concentrated Animal Feed Operations
April 2005: Second Circuit Partially Upholds and Partially Strikes Down EPA’s Concentrated Animal Feed Operation Regulations under the Clean Water Act Waterkeeper Alliance, Inc. et al v. U.S. Environmental Protection Agency, ___F.3d ___ 03-4470, (2nd Cir. Feb. 28, 2005)
Condemnation
November 2004: Second District Court Rejects Lessee’s Claim for Goodwill in University of California Condemnation Action Regents of the University of California v. Sheily, ___Cal.App.4th ___ B161797 (2nd Dist. Sep. 16, 2004)
September 2003: New Jersey Supreme Court Holds Evidence of Contamination Inadmissible During Condemnation Proceedings Housing Authority of the City of New Brunswick v. Suydam Investors, L.L.C., et al. Case No. A-68/69 (N.J. July 10, 2003).
February 2003: New Jersey Court Allows Environmental Contamination to Reduce Market Value in Condemnation Proceedings The Housing Authority of the City of New Brunswick v. Suydam Investors, LLC Case No. A-5439-00T5 (Superior Court of New Jersey, Appellate Division, Dec. 11, 2002).
September 2002: New Jersey Court Upholds Environmental Reservation Clauses in Condemnation Actions New Jersey Transit Corp. v. Cat in the Hat, LLC., ___A.2d___, Case No.A-0974-00T3 (Superior Court of New Jersey, Appellate Division, July 22, 2002).
Consultants
October 2008: Eleventh Circuit Reverses/Remands District Court Order—Finds Insurance Company Not Responsible for Providing Defense to Engineering Firm Due to Pollution Exclusion Clause James River Ins. Co. v. Ground Down Engineering, Inc., ___F.3d___ 07-13207 (11th Cir. Aug. 20, 2008)
February 2005: Recent Investigations, Settlements, Penalties and Sanctions.
Contribution Claims
April 2005: California Court of Appeal Reinstates Private Party Contribution Claims under the California Superfund Statute Johnson v. City of San Diego,Case No. D043448, unpublished opinion (Cal. App. March 4, 2005)
Copper
December 2007: Ninth Circuit Requires New Mining Source to Meet Loading and Water Quality Standards of Impaired Waterbody before EPA Can Issue NPDES Permit Friends of Pinto Creek v. U.S. Environmental Protection Agency, ___F.3d ___ 05-70785 (9th Cir. Oct. 4, 2007)
May 2005: U.S. Environmental Protection Agency Announces Drinking Water Lead Reduction Plan
November 2003: U.S. Environmental Protection Agency Partially Approves and Disapproves California’s 2002 Clean Water Act Section 303(d) List
Corporate Disclosures
December 2005: Crime & Punishment–Whither the Attorney-Client Privilege?
May 2004: Complying More Cheaply—Reducing the Expense of Environmental Penalties and Fines
Cost Recovery
March 2002: Jury May Hear a Case under the Massachusetts Hazardous Waste Recovery Law that Parallels CERCLA Newly Weds Food, Inc. v. Westvaco Corportation Case No.99-5194-C (2001 Mass.Super.Court Dec.12,2001)
January 2001: Court Upholds Limited Discovery of Nonlitigants’ Financial Contributions to Public Interest Group’s Litigation as Relevant to Group’s Motion to Recover Fees under “Private Attorney General” Statute Save Open Space Santa Monica Mountains v. Superior Court 84 Cal.App.4th 235, (2nd Dist. Oct. 18, 2000)
Creosote
June 2003: Third Circuit Holds Former Owner Liable under CERCLA, but Not for Ultrahazardous Activity Outlet City, Inc. v. West Chemical Products, Inc. ___F.3d___, Case No. 02-2055 (3rd Cir. March 24, 2003).
Criminal Liability
June 2005: Recent Investigations, Settlements, Penalties and Sanctions
June 2005: ‘Stealth Enforcement Initiative’ Pairs Occupational Safety and Health Administration, the U.S. Environmental Protection Agency and the U.S. Department of Justice
March 2005: Recent Investigations, Settlements, Penalties and Sanctions
November 2004: Texas Court of Appeals Finds “Disposal” Requires Affirmative Conduct and “Knowingly” Does Not Require Knowing that Waste Is Categorized as Hazardous. Mark Slott, et al., v. State of Texas, Texas Court of Appeals 14-02-01294-CR, 14-02-01295-CR, 14-02-01296-CR, 14-02-02197-CR (Tx. App. Oct. 12, 2004)
August 2004: Recent Investigations, Settlements, Penalties and Sanctions
May 2004: Complying More Cheaply—Reducing the Expense of Environmental Penalties and Fines
May 2004: Recent Investigations, Settlements, Penalties and Sanctions
February 2004: Ninth Circuit Holds that Conservation Easement Claims Brought by City after a Civil Compromise Were Not Barred by Res Judicata City of Martinez v. Texaco Trading & Transportation, Inc. et al. ___F.3d___, Case No. 02-16436 (9th Cir. Dec. 24, 2003).
February 2004: Recent Investigations, Settlements, Penalties and Sanctions
1 December 2003: Recent Investigations, Settlements, Penalties and Sanctions
November 2003: Recent Investigations, Settlements, Penalties And Sanctions
October 2003: Recent Investigations, Settlements, Penalties and Sanctions
August 2003: Recent Investigations, Settlements, Penalties and Sanctions
July 2003: Recent Investigations, Settlements, Penalties and Sanctions
July 2003: Rhode Island District Court Considers Constitutional Challenge to Warrantless Searches for Illegal Dumping Vinagro v. Jan H. Reitsman, Rhode Island Department of Environmental Management, et al ___ F.Supp.2d ___, Case No. C.A. 02-121-L (D. R.I. May 6, 2003).
May 2003: Recent Investigations, Settlements, Penalties and Sanctions
April 2003: Recent Investigations, Settlements, Penalties and Sanctions
November 2002: Federal Investigations, Settlements, Penalties and Sanctions
October 2002: Federal Investigations, Settlements, Penalties and Sanctions
September 2002: Federal Investigations, Settlements, Penalties and Sanctions.
August 2002: Rhode Island Supreme Court Denies Relief to Employees Claiming "Whistleblower" Status for Reporting Hazardous Waste Violations Belanger v. A&F Plating Company, Inc. Case No.98-2339 (R.I., June 7,2002).
August 2002: Federal Investigations, Settlements, Penalties and Sanctions
August 2002: Pennsylvania Supreme Court Allows Criminal Conviction of Corporate Employee for Improper Disposal of Waste Commonwealth of Pennsylvania v. David R. Packer Case No.2 MAP 2001 (Penn.May 31,2002).
August 2002: Third Circuit Broadly Interprets the Term "Release" in Pennsylvania Hazardous Sites Cleanup Act Joshua Hill, Inc. v. Whitemarsh Township Authority ___F.3d___, Case No.003677 (3rd.Cir.June 24,2002).
July 2002: The "Sludge" Boat? - The Efficacy of the Current Statutory and Enforcement Schemes to Regulate the Discharge of Waste Materials by the Cruise Ship Industry
January 2002: Ninth Circuit Holds that Federal Government Retains RCRA Criminal Enforcement Authority in States with Delegated Programs United States v. Elias ___F.3d___, Case No. 00-30145 (9th Cir. Oct. 23, 2001)
January 2002: Recent Federal Investigations and Criminal and Civil Liability
: Second Circuit Rules on the Clean Air Act’s Scienter
December 2001: Federal Investigations and Criminal and Civil Liability - Indictments, Pleas, Jury Verdicts, Sentencing, Settlements, Fines, Penalties and Important Cases
November 2001: Testing Firm Admits to Fraudulent Submittal of Test Results to Underground Storage Tank Owners United States v. Adams, et al. Case No. 01-CR-203ALL (D.S.C., plea entered Aug. 26, 2001).
November 2001: TEXAS: State Appellate Court Upholds Criminal Fine against Homeowner for Unlawful Discharge of Sewage Landry v. State (Tex. App. Houston, 14th Dist. Sept. 6, 2001).
Criminal Penalties
June 2002: Federal Investigations, Penalties and Settlements
March 2002: Federal Investigations, Criminal Actions, and Settlements
March 2002: Fifth Circuit Upholds Criminal Convictions for Construction Contractors' RCRA Violations United States v. Sims Brother Construction, Inc.
Cruise Ships
February 2004: Recent Investigations, Settlements, Penalties and Sanctions
July 2002: The "Sludge" Boat? - The Efficacy of the Current Statutory and Enforcement Schemes to Regulate the Discharge of Waste Materials by the Cruise Ship Industry
Cyanide
July 2005: North Coast Regional Water Quality Control Board Files Administrative Civil Liability Complaint against Georgia-Pacific Corporation Fort Bragg Lumber Mill
Dairies
April 2001: Texas: Dairy Industry, City of Waco Fight with State Water Agency over Tightened Regulations Designed To Control Nutrient Loading of North Bosque River
DDE
October 2003: Endocrine Disruptors—A Water Quality Concern to Monitor
Definitions
February 2005: Washington State Court Finds 2000 Gallons of Gasoline into a Monitoring Well Is Not a Useful Product. Modern Sewer Corp. v. Nelson Dist., Inc., Case No.

53085-2-I, 2005 WL 12024 (Wash. App. Jan. 3, 2005).

October 2003: D.C. Circuit Court of Appeals Rejects Challenge to Allegedly Overbroad Definition of Hazardous Waste American Chemistry Council v. Environmental Protection Agency ___F.3d___, Case No. 01-1216 (D.C. Cir. Aug. 8, 2003).
Deodarizers
May 2003: Deodorizers May Be Considered Pollutants for Pollution Exclusion Purposes Mark I Restoration SVC v. Assurance Company of America ___F.Supp.2d___, Case No. 02-3729 (N.D. Penn. March 12, 2003).
Diminution in Value Damages
January 2008: Sixth Circuit Holds Injury to Property through Imperceptible Particles Basis for Diminution in Fair Market Value Smith v. Carbide and Chemicals Corp., ___F.3d___ 04-5323 (6th Cir. Nov. 2, 2007)
Dioxin
June 2008: U.S. EPA Regional Administrator Resigns under Reported Threat of Termination as the Dioxin Contamination of the Tittabawassee River Continues without Resolution
January 2003: Eleventh Circuit Upholds Dismissal of Challenges to Remediation of Superfund Site already in Progress Broward Gardens Tenants Assoc. et al. v. U.S.Environmental Protection Agency et al., ___F.3d___, Case No. 01-15117 (11th Cir., Nov. 5, 2002).
Doctrine of Divisibility
June 2001: Eighth Circuit Reverses Judgment on Issue of Divisibility of Harm Under CERCLA United States of America v. Hercules, Inc. ___F.3d___,Case No.99-3684 (8th Cir. April 10, 2001)
Dry Cleaning
August 2008: District Court Let Stand Strict Liability Claim Premised on Allegation that Use of Dry Cleaning Chemicals Constitutes an Ultrahazardous Activity Effkay Enterprises v. J.H. Cleaners, Inc., ___F.Supp.2d___ 07-cv-02521 (D. Colo. June 5, 2008)
June 2008: Ninth Circuit Applies Supreme Court Decision in Atlantic Research, Reverses Itself in Pinal Creek, Allows Cost Recovery Claims Under CERCLA Section 107(a) Kotrous v. Goss-Jewett Company, ___F.3d___ 06-15162, 06-16019 (9th Cir. April 17, 2008)
February 2008: District Court Denies Third-Party Defendant’s Motion to Dismiss Third-Party Plaintiffs’ Claims on Ground that Plaintiffs Sufficiently Pled ‘Arranger’ Liability Under CERCLA § 107 U.S. v. Lyon, ___F.Supp.2d___ CV F 07-0491 LJO GSA (E.D. Cal 2007)
May 2007: District Court Holds that Temporary, “Straw-Man” Ownership Does Not Make One an “Owner” for Purposes of CERCLA Liability AmeriPride Services, Inc. v. Valley Industrial Service, Inc., ___F.Supp.2d___ CIV S-00-113 LLK/ JFM (E.D. Cal. Feb. 28, 2007)
June 2005: Texas District Court Holds Manufacturer’s Written Directions Sufficient Nexus to Allege Arranger Liability Vine Street LLC v. James R. Keeling, ___F.Supp.2d___ 6:03-CV-223 (E.D. Tex. March 24, 2005)
May 2005: Alaska Supreme Court Finds Statute Broadens the Scope of Arranger Liability for Hazardous Waste Disposal Berg v. Popham S-10815, 5879 (Alaska March 18, 2005)
February 2005: California Court of Appeal Finds Sale Agreement Language Only Obligated Seller to Clean Up Pre- Sale Contamination. Sierra Club v. Wayne Weber LLC, Case No. 107/03-0654 (Iowa Dec. 3, 2004).
January 2005: Texas Court of Appeals Affirms a Settlement Made on Behalf of a Ward in an Environmental Lawsuit Epstein v. Hutchison, ___S.W.3d___ 01-03-00279-CV (Tex.App. 1st Dist, Houston, Nov. 18, 2004)
May 2003: District Court Rejects Private Claims under the Illinois Environmental Protection Act Great Oak, LLC v. Begley Company ___F.Supp.2d___, Case No. 02 C 6496 (N.D. Ill. March 5, 2003).
E. Coli
November 2006: Spinach Processing under Scrutiny as E-Coli Outbreak Sickens Nearly 200 People and Kills One
EDC
August 2002: D.C. Circuit Finds Environmental Groups Lack Standing to Challenge U.S. Environmental Protection Agency RCRA Rulemaking Sierra Club v. Environmental Protection Agency, ___F.3d___, Case No.01-1057 (D.C.Cir.June 18, 2002).
Emerging Contaminants
August 2004: Emerging Contaminants—Part 1
Endocrine Disruptors
December 2006: Congress Hears Concerns over Potomac River ‘Intersex’ Fish
October 2003: Endocrine Disruptors—A Water Quality Concern to Monitor
Environmental Insurance
April 2001: California Appellate Court Requires Insured To Prove Amount of Damage Caused by Covered Event in order To Be Reimbursed for Clean-Up Costs under Insurance Policy Golden Eagle Refinery Company, Inc. V. Associated International Insurance Company ___Cal.App.4th___, Case No. B132448 (2nd. Dist. Jan. 3, 2001).
EPA Reference Dose
April 2005: U.S. Environmental Protection Agency Establishes Official Reference Dose for Perchlorate
Ethylene Glycol
December 2005: District Court Dismisses False Claims Act Suit by Former Employee Alleging that Airports Knowingly Misrepresented Compliance with Environmental Laws Nguyen v. City of Cleveland, ___F.Supp.2d___ 1:00cv208, 1:03cv1563 (N.D. Ohio Sept. 30, 2005)
Expert Witness
July 2005: New York Appellate Court Rules on Cost Recovery Action Regarding Leaking Underground Storage Tanks State of New York v. Passalacqua 96940 (N.Y. App. June 9, 2005)
March 2005: District Court Excludes Proposed Expert Testimony on Legal Subjects The Pinal Creek Group v. Newmont Mining Corp., ___F.Supp.2d___ CV-91-1764-PHX-DAE (LOA) (D. Az. Jan. 7, 2005)
June 2004: District Court Disqualifies Jointly-Rentained Expert Based on Conflict of  Interest Rules. The Pinal Creek Group v. Newmont Mining Corp., ___F.Supp.2d___ CV-91-1764 PHX-DAE (LOA) (D. Az. March 31, 2004).
July 2003: Court of Appeals: Tenth Circuit Reverses Damages Award for Pollution because Trial Judge Failed to Perform Gatekeeper Function under Daubert Dodge v. Cotter Corporation ___F.3d___, Case Nos. 01-1197, 01-1236, 01-1591 and 02-1008 (10th. Cir. April 22, 2003).
June 2002: Court of Appeals: Seventh Circuit Affirms Dismissal of Third-party Claims for Cleanup Costs where Expert Was Not Allowed to Testify Dura Automotive Systems of Indiana, Inc. v. CTS Corporation 285 F.3d 609 (7th Cir. 2002).
May 2001: Sixth Circuit Upholds Daubert Standard and Rejects Plaintiff's Expert Medical Testimony Regarding PCB Exposure Nelson v. Tennessee Gas Pipeline Co. ___F.3d___,Case No.99-6618 (6th Cir. Mar. 9, 2001)
Fees
June 2006: California Supreme Court Rules Agency Failed to Comply with Administrative Procedure Act in Establishing Hazardous Materials Fee Regulation Morning Star Company v. California State Board of Equalization S123481 (Cal. April 24, 2006)
Ferric Ferrocyanide
July 2005: First Circuit Holds That a Final Administrative Determination by EPA Does Not Constitute a ‘Listing’ under the Clean Water Act Narragansett Electric Co. v. U.S. EPA, ___F.3d___ 04-1127 (1st Cir. May 6, 2005)
Fish
April 2007: Nevada State Agencies Warn against Mercury Tainted Fish Caught in Northern Nevada
Fungicide
February 2006: Ninth Circuit Requires DuPont to Answer RICO Allegations Living Designs, Inc. and Plantg Exchange, Inc. v. E.I. DuPont Nemours and Company, ___F.3d___ 02-16947, 02-16948, et al. (9th Cir. Dec. 5, 2005)
General
January 2003: Ninth Circuit Finds Intervention Untimely in Landfill Contamination Case California Department of Toxic Substances Control, et al v. Commercial Realty Projects, Inc., et al., 309 F.3d 1113 (9th Cir. Oct. 25, 2002).
May 2002: Eleventh Circuit Affirms Dismissal of FTCA Claim for Damages Related to Soil and Groundwater Contamination OSI, Inc. v. United States ___F.3d___, Case No. 01-13032 (11th Cir. March 12, 2002).
March 2002: Attorney General Sues Squaw Valley Ski Corporation Alleging Unfair Business Practices Relating to Environmental Issues
Groundwater
June 2008: District Court Dismisses Claims Regarding Contamination of Amazonian River Basin in Peru Due to Forum Non Conveniens Carijiano et al. v. Occidental Petroleum Corp. et al., ___F.Supp.2d___ CV 07-5068 (C.D. Cal. April 15, 2008)
March 2008: District Court Holds Action Based on Late Discovery of TCE Is Barred by Statute of Limitations Applicable to Remedial Action Based on Different TCE Source on Same Property Douglas Autotech Corporation v. Scott Fetzer Company, ___F.Supp.2d___ 1:07-cv-1062 (W.D. Mich. Jan. 23, 2008)
August 2007: District Court Applies Porter-Cologne Act to Hold Defendants Liable for Government Response Costs under Polanco Act, but Government Not Excused from Notice Requirements Redevelopment Agency of the City of Stockton v. Burlington Northern and Santa Fe Railway Corporation, Union Pacific Railroad Company, ___F.Supp.2d____ Civ. S-05-02087 (E.D. Cal. June 19, 2007)
May 2007: District Court Finds Bankruptcy Discharge Subsequent to Enactment of Clean Water Act but Prior to Enactment of CERCLA Does Insulate against CERCLA Claim U.S. v. American Permier Underwriters Inc., ___F.Supp.2d____ 06-CV-03167 (E.D. PA. April 4, 2007)
February 2007: Fourth District Court Decides that Disputed Factual Issue Remains for Insurance Coverage under “Sudden And Accidental” Exception to Pollution Exclusion Clause State of California v. Underwriters at Lloyd’s of London, et al., ___Cal.App.4th ___ E037627 (4th Dist. Dec. 28, 2006)
April 2006: Northeastern States Actively Pursue Claims for Damage to Water Resources
July 2005: The Stringfellow Superfund Site: Millions More Are Put towards Groundwater and Soil Cleanup State of California v. Underwriters at Lloyd’s of London, et al. CIV 239784 (Riverside Cty. Superior Ct. May 16, 2005)
June 2005: Federal Circuit Court Affirms Dismissal of Inverse Condemnation Claim Arising from Pollution Adjacent to Military Base Moden v. United States, ___F.3d___ 04-5092 (D.C. Cir. April 15, 2005)
June 2005: New York District Court Applies Alternative Liability Doctrine in Consolidated MTBE Litigaiton In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___ Master M File No. 1:00-1898, MDL 1358 (SAS), M21-88, (S.D. N.Y. April 20, 2005)
April 2005: Recent Investigations, Settlements, Penalties and Sanctions
April 2005: Illinois Supreme Court Rejects Retroactive Application of Statutory Amendment, Upholds Ruling that State Environmental Law Does Not Authorize Injunctive Relief The People ex rel. James E. Ryan v. Agpro, Inc., et al. ___ N.E.2d ___ 97986 (Ill. Feb. 3, 2005)
March 2005: District Court Finds Defendant Utility Contractor Who Released Hazardous Substances Was Not an “Operator” under CERCLA §107(a)(2) U.S. v. QWEST Corp., ___F.Supp.2d___ 2005 U.S.Dist. LEXIS 1399 (D. Minn. Jan. 24, 2005)
January 2005: Sixth Circuit Vacates District Court Rejection of Monitoring and Evaluation Recovery Cost Claims under CERCLA Village of Milford v. K-H Holding Corp., et al., ___F.3d___ 03-1597 (6th Cir. Nov. 23, 2004)
January 2005: Texas Court of Appeals Affirms a Settlement Made on Behalf of a Ward in an Environmental Lawsuit Epstein v. Hutchison, ___S.W.3d___ 01-03-00279-CV (Tex.App. 1st Dist, Houston, Nov. 18, 2004)
December 2004: Erin Brokovich Revisited: PG&E Proposes New Solution for Cleaning Up Hinkley’s Groundwater.
December 2004: Highest New York Court Finds Purchasers of Real Property Liable for Pre-Sale Contamination under the Oil Spill Act State of New York v. Speonk Fuel Inc. 117, 2004 N.Y. LEXIS 2438 (N.Y. App. Oct. 19, 2004)
December 2004: Florida Supreme Court Holds Florida Cleanup Contribution Statute Creates Strict Liability Cause of Action Aramark Uniform and Career Apparel, Inc., et al. v. Samuel Easton, Jr., ___S.2d___ SC02-2190 (Fla. Oct. 7, 2004)
November 2004: Developer Unsuccessful in Suing Michigan for Potential Trespass of State Contamination Postma v. County of Ottawa and Waste Management of Michigan, Inc., Mich. Court of Appeals 243602, 2004 WL 1949317 (Mich. App. Sept. 2, 2004)
November 2002: Recent Investigations, Settlements, Penalties and Sanctions
October 2004: Recent Investigations, Settlements, Penalties and Sanctions
August 2004: Note: District Court Finds Date Overreaches in Natural Resource Damage Claims and Grants Summary Judgment State of New Mexico v. General Electric Company, et al., ___F.Supp.2d___ 991118 (BSJ/KVM), 991254 (BSJ/ACT) (D. N.M. June 19, 2004)