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Your path: Home) Archive Page) Subjects) Topics) Pollution and Contamination
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1,2 Dichloroethane |
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1,2,3-Trichloropropane |
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1,3 Butadiene |
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1,4-Dioxane |
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Abnormally Dangerous Activities |
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Adjoining Landowners |
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Administrative Cleanup Orders |
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Agriculture |
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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). |
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Alkylphenol Etoxylates |
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Aluminum Smelting |
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Ammonia |
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Animal Byproducts |
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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). |
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Animal Grazing |
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Apportionment of Liability |
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Aquatic Pesticides |
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Arsenic |
May 2010: Industry, Agriculture, and Water Utilities May Face Tougher Federal Arsenic Standards |
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) |
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Asbestos |
December 2008: Seventh Circuit Holds Sale of Property with Asbestos-Containing Fixtures Does Not Trigger CERCLA or RCRA Liability Sycamore Industrial Park Associates v. Ericsson, Inc., ___F.3d___ 08-1118 (7th Cir. Oct. 20, 2008) | |
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 |
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Ash |
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Assault & Battery |
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Attorneys Fees |
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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) |
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Bankruptcy |
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Benzene |
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Bills and Legislation |
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Biosolids |
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Bisphenol A BPA |
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Black Carbon |
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Brownfields |
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Buyer and Seller |
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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) |
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Calcium Hypochlorite |
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Carbon Dioxide |
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Carbon Monoxide |
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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). |
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Carcinogens |
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Chlorinated Solvents |
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Chlorine |
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Chlorofluorocarbons |
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Chromium 6 |
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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 |
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Civil Enforcement Actions |
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April 2006: aaa aaa aaa |
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Civil Liability |
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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). |
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Civil Penalties |
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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). |
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Civil Rights Claims |
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Class Actions |
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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 |
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Cleanup and Abatement Order |
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Coal Bed Methane |
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Coal Tar Light Oil |
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Common Law Claims |
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Concentrated Animal Feed Operations |
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Condemnation |
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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). |
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Consultants |
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Contribution Claims |
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Copper |
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Corporate Disclosures |
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Cost Recovery |
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Creosote |
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Criminal Liability |
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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). |
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Criminal Penalties |
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Cruise Ships |
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Cyanide |
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Dairies |
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DDE |
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Definitions |
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Deodarizers |
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Di Isodecyl Phthalate |
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Diminution in Value Damages |
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Dioxin |
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Doctrine of Divisibility |
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Dry Cleaning |
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March 2010: District Court Refuses to Apply CERCLA Arranger Liability to Manufacturer/Franchiser of Dry Cleaning Equipment Hinds Investment, L.P. v. Team Enterprises, Inc., ___F. Supp.2d___ CV 07-0703 (E.D. Cal. Jan. 14, 2010) | |
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). |
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E. Coli |
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EDC |
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Emerging Contaminants |
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Endocrine Disruptors |
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Environmental Insurance |
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EPA Reference Dose |
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Ethylene Glycol |
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Expert Witness |
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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) |
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Fees |
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Ferric Ferrocyanide |
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Fish |
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Fungicide |
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General |
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Groundwater |
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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) | |
April 2004: Former Agents of Corporation Committing Environmental Violations Denied Permit Indiana Dep’t of Envtl. Mgmt. v. Boone County Res. Recovery Sys. Inc. 803 N.E.2d 267 (Ind. App. Feb. 16, 2004). | |
April 2004: Texas Court of Appeals Dismisses Continuing Nuisance Claim as Barred by Statute of Limitations Jud Walton v. Mobil Oil Corporation ___S.W.2d___, Case No. 08-02-00485-CV (Tx. App. March 11, 2004). | |
April 2004: Ninth Circuit Holds that Cost Recovery under CERCLA Begins to Run with Adoption of Final Remedial Action Plan California v. Neville Chemical Company ___F.3d___, Case No. 02-56506 (9th Cir. Feb. 10, 2004). | |
March 2004: Rialto Files First Lawsuit Regarding Cleanup of Perchlorate in San Bernardino County City of Rialto, et al. v. U.S. Dept. of Defense, et al Case No. CV 04-00079, filed Jan, 20, 2004 (C.D. Cal.). | |
March 2004: Ninth Circuit Holds that Insurer of Underground Storage Tanks Cannot Rescind Policy Retroactively for Misrepresentations Zurich American Insurance Company v. Whittier Properties, Inc. ___F.3d___, Case No. 02-36101 (9th Cir. Jan. 29, 2004) | |
February 2004: District Court Holds that Liability Insurer Does Not Qualify as an Innocent Party under CERCLA California Dep’t of Toxic Substances Control v. City of Chico ___F.Supp.2d___, Case No. Civ. S-02-442 LKK/DAD (E.D. Cal. Jan. 8, 2004). | |
February 2004: U.S. District Court Finds City of Lodi’s Environmental Cleanup Ordinance Is Preempted by CERCLA and Partially Invalid Fireman’s Fund Insurance Company v. City of Lodi, et al.; Unigard v. City of Lodi, et al. ___F.Supp.2d___, Civ. S98-1489 FCD/JFM (E.D. Cal. Dec. 22, 2003); ___F.Supp.2d___, Civ S98-1712 FCD/JFM (E.D. Cal. Dec. 22, 2003). | |
November 2003: Sacramento County, Aerojet-General Corporation and the Boeing Company Execute Agreement to Address Water Supply Challenges Resulting from Groundwater Contamination | |
September 2003: Eighth Circuit Rejects Insureds’ Attempt to Relitigate Insurance Coverage for Groundwater Contamination where It Uncovered New Evidenece of an “Accidental” Cause Liberty Mut. Ins. Co. v. FAG Bearings Corp. ___F.3d___, Case No. 01-3522 (8th Cir. July 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). | |
August 2003: Perchlorate: A Contaminant of the Decade | |
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: District Court: New York District Court Dismisses State Environmental Claims Arising Out of Bhopal, India Disaster Bano v. Union Carbide Corp. ___ F. Supp. 2d ___, Case No. 99 Civ. 11329 (JFK), (S.D. N.Y. March 18, 2003). | |
May 2003: State of California Settles Lawsuit with American States Water Company Regarding Contamination Emanating from Property Owned by Aerojet American States Water Company, et al. v. State of California, et al. Case No. 99AS05947 (Sacramento Superior Court). | |
May 2003: Colorado Supreme Court Adopts Doctrine of Continuing Nuisance for Groundwater Contamination. Hoery v. United States 2003 Colo. LEXIS 116, Colorado Supreme Court, Case No. 02SA241, (Colo. Feb. 24, 2003). | |
April 2003: Ninth Circuit Reverses Summary Judgment for Landowner in Cost Recovery Case Based on Doubtful Circumstantial Evidence California v. Campbell ___F.3d___, Case No. 01-16397 (9th Cir. Feb. 14, 2003). | |
October 2002: District Court Grants Class Certification Motion in Groundwater Contamination Case Mejdreck v. The Lockformer Co., ___F.Supp.2d___, Case No.01-C-6107 (N.D.Ill.Aug.9,2002). | |
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). | |
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). | |
March 2002: California Supreme Court Decision and Water Agreement Affect San Gabriel Basin Cleanup Measures Hartwell Corporation et al. v. Superior Court of Ventura County ___Cal4th___, Case No. S082782 (Cal. Feb. 2, 2002) | |
October 2001: California Department of Health Services Issues Compliance Order to El Dorado Irrigation District | |
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: Using Groundwater Models to Determine Liability and Foster Cleanup |
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Hazardous Waste |
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Heating Oil |
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Herbicides |
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April 2005: Eighth Circuit Affirms Dismissal of Tort Claims Brought against Herbicide Manufacturer Based on Preemption by FIFRA Randy Hardin et. al. v. BASF Corporation, ___F.3d___ 03-3624 (8th Cir. Feb. 11, 2005) | |
January 2004: In Environmental Toxic Tort Litigation, Court May Exclude Expert Witness Testimony that Does Not Satisfy Daubert Test Marsh v. W.R. Grace & Co. ___F.3d___, Case Nos. 98-1943, 98-1944, 98- 1945 (4th Cir. Nov. 19, 2003). | |
August 2003: Fifth Circuit Affirms the Federal Insecticide, Fungicide and Rodenticide Act Preemption of State Labeling Laws for Pesticides Dow Agrosciences, LLC v. Bates 332 F.3d 323 (5th Cir. June 11, 2003). |
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Hexavalent Chromium |
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Immunity |
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Indemnity Agreements |
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June 2007: District Court Construes Indemnity Clause to Include Costs Associated with Voluntary Remediation Master Lock Company v. Hawn, ___F.Supp.2d___ 05-C-3933 (N.D. Ill. April 16, 2007) | |
July 2004: Federal Circuit Holds that Government Must Indemnify Contractor for CERCLA Liability Despite the Anti-Deficiency Act. E.I. Du Pont De Nemours v. United States, ___F.3d___ No. 03-5137 (D.C. Cir. April 28, 2004). | |
March 2004: New York State Court Applies “Four Corners” Test Contract Law to Lease which Addresses Environmental Liability State of New York v. Robin Operating Corp. Case No. 93977 (N.Y. Supr. Ct. App. Div. Jan. 22, 2004). | |
August 2003: Ninth Circuit Enforces Waiver of Statute of Limitations Defense on Environmental Insurance Claims Union Oil Co. of Cal. v. Terrible Herbst, Inc. 331 F.3d 735 (9th Cir. 2003). | |
October 2002: Ninth Circuit Affirms that the United States is Liable for Wartime Pollution in California Cadillac Fairview/California, Inc. v. Dow Chem. Co. ___F.3d___,Case No. 99-56641 (9th Cir.Aug.6,2002). | |
May 2001: Massachusetts Appeals Court Affirms Award of All Legal Expenses to Seller of Contaminated Property Based on Broad Indemnity Agreement with Buyer Hill v. Cabot Case No.99-P-594 (Mass. App. Frb. 26, 2001) |
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Insecticide |
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Insurance |
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November 2007: Third District Court Ruling in Bad Faith Insurance Case Likely to Impact Water Agency Negotiations in Groundwater Contamination Cases Aerojet-General Corporation v. Commercial Union Insurance Company 155 Cal.App.4th 132 (3rd Dist. 2007) | |
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) | |
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) | |
November 2005: Fifth Circuit Finds Environmental Insurer Must Indemnify Insured for EPA-CERCLA Response Costs International Insurance Co. v. RSR Corporation, et al., ___F.3d___ 04-10311 (5th Cir. Sept. 19, 2005) | |
November 2005: California Supreme Court Offers New Hope for Those Seeking to Trigger Coverage on Cleanup Costs Ordered by an Administrative Agency Powerline Oil Company v. Superior Court of Los Angeles 37 Cal.4th 377 (Cal. Aug. 29, 2005) | |
January 2005: Ohio Expands Erosion of Pollution Coverage into Directors and Officers Policies Danis v. Great American Insurance Co. 20236 (Oh. App. Nov. 19, 2004) | |
January 2005: New York District Court Holds Pollution Exclusion Clause Does Not Include Contaminants such as Lead Paint Herald Square Loft Corp. v. Merrimack Mutual Fire Insurance, ___F.Supp.2d___ 03 Civ. 7682 (S.D. N.Y. Nov. 16, 2004) | |
February 2004: District Court Holds that Liability Insurer Does Not Qualify as an Innocent Party under CERCLA California Dep’t of Toxic Substances Control v. City of Chico ___F.Supp.2d___, Case No. Civ. S-02-442 LKK/DAD (E.D. Cal. Jan. 8, 2004). | |
December 2003: Massachusetts Court of Appeal, Applying Illinois Law, Requires Insurance Company to Indemnify Environmental Property Damage Occurring Outside the Policy Period Chicago Bridge & Iron Co. v. Certain Underwriters at Lloyd’s 797 N.E.2d 434 (Mass. App. Oct. 17, 2003). | |
November 2003: Second Circuit Reverses Dismissal Of Environmental Claims Against Excess Insurers For Late Notice Olin Corporation v. American Re-Insurance Company ___F.3d___, Case No. 02-9325 (2nd Cir. Sept. 2, 2003). | |
September 2003: California Court of Appeal Finds Qualified Pollution Exclusion Exempts Coverage for Discharge of Contamination Occurring before the Policy Period, Even If Damage Is Ongoing Westoil Terminals Co., Inc. v. Industrial Indemnity Company 110 Cal.App.4th 139 (2003). | |
September 2003: Court of Appeals of New York Holds that Absolute Pollution Exclusion in Insurance Policy Does Not Apply to Indoor Paint Fumes Belt Painting Corp. v. TIG Insurance Company Case No. 86 (N.Y. App. July 1, 2003). | |
August 2003: Second Circuit Rejects Environmental Insurance Coverage Claim and Reaffirms That New York Law Determines Claims for Multi-Site Insureds Maryland Casualty Company v. Continental Casualty Co. ___F.3d___, Case No. 01-7482 (2nd Cir. June 13, 2003). | |
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). | |
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) | |
November 2002: District Court: Chemical Company Secures Trial on Coverage for DBCP Liability Dow Chemical Company v. Fireman's Fund Insurance Company ___F.Supp.2d___, Case No. 96-75832 (E.D. Mich. Aug. 28, 2002) | |
October 2002: Second Circuit Finds Insured Proved Coverage under Lost Policies in Connection with Four New York Waste Disposal Sites Burt Rigid Box, Inc. v. Travelers Property Casualty Corp., ___F.3d___,Case Nos.01-7230(L),01-7649(XAP)(2nd Cir.Aug.16,2002). | |
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: Pennsylvania Superior Court Finds that Gasoline Is a Pollutant, Barring Recovery by Service Stations un-der Its Insurance Policy 314 Wagner, et al. v. Erie Insurance Company, Case No. 1158 (Super.Court of Penn., Appellate Division, May 22,2002). | |
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). | |
December 2001: Ninth Circuit Holds that Insurer Has No Duty to Defend Insured in a Nuisance Action Indiana Lumbermens Mutual Insurance Co. v. West Oregon Wood Products, Inc. ___F.3d___, Case No. 00-35621 (9th Cir. Oct. 5, 2001). |
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Land Owners |
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Land Value |
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Landfills |
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June 2006: New York District Court Allows a Responsible Party to Maintain a CERCLA Section 107 Claim but Finds for Defendant on Divisibility Defense Seneca Meadows, Inc. v. ECI Liquidating, Inc., et al., ___F.Supp.2d___ 95-CV-6400L (W.D. N.Y. April 20, 2006) | |
January 2006: California District Court Dismisses Developer’s Claims Challenging State Agency Cleanup of Landfill Gas at Former Air Force Base Shea Homes Limited Partnership v. United States, ___F.Supp.2d___ C04 – 0092 TEH (N.D. Cal. Nov. 10, 2005) | |
December 2005: Pennsylvania Supreme Court Upholds Harms/Benefits Test Requirement for Landfill Permitting Eagle Environmental II LP v. Pennsylvania Department of Environmental Protection, ___ A.2d ___ J89 A and B (Penn. Oct. 27, 2005) | |
August 2005: Michigan Appellate Court Finds Property Owners Time-Barred from Bringing Suit for Well-Documented Methane Contamination Beauchamp et al. v. Ford Motor Company, et al., 02-012608-CE (Mich. App. May 24, 2005) | |
April 2004: Former Agents of Corporation Committing Environmental Violations Denied Permit Indiana Dep’t of Envtl. Mgmt. v. Boone County Res. Recovery Sys. Inc. 803 N.E.2d 267 (Ind. App. Feb. 16, 2004). |
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Lead |
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July 2010: Circuit Denies Petition for Review of Revisions to National Ambient Air Quality Standards for Lead by EPA D.C. Coalition of Battery Recyclers Association v. U.S. Environmental Protection Agency, ___F.3d___ 09-1011 (D.C. Cir. May 14, 2010) |
November 2009: Seventh Circuit Affirms Dismissal of Gun Range/Lead Pollution Suit under the Clean Water Act, RCRA and CERCLA for Lack of Standing Pollack v. U.S. Department of Justice, ___F.3d___ 08-3857 (7th Cir. 2009) | |
October 2009: Second Circuit Affirms District Court Decision Dismissing RCRA and Clean Water Act Claims against Shooting Range and Alleged Lead Contamination Simsbury-Avon Preservation Society, LLC v. Metacon Gun Club, Inc.,___F.3d___ 07-0795-cv, (2nd Cir. July 31, 2009) | |
August 2008: District Court Grants Summary Judgment for Insurance Company Holding No Duty to Indemnify for Voluntary Cleanup Costs Aggio v. Estate of Aggio, ___F.Supp.2d___ 04-4357 (N.D. Cal. June 19, 2008) | |
January 2008: West Virginia Jury Hits Dupont with $196 Million in Punitive Damages for ‘Willful and Wanton’ Conduct | |
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 2006: aaa aaa aaa | |
March 2006: Court of Appeal Upholds Lower Court Ruling that Plaintiff Failed to Prove a Discharge in Violation of Proposition 65 As You Sow v. Conbraco Industries, ___Cal.App. 4th___ A106660, (1st Dist. filed Dec. 12, 2005, certified for publication Jan. 4, 2006) | |
November 2005: District Court in Maryland Requires Evidence of Continuous Violations for Liability under the CWA but Not under RCRA Potomac Riverkeeper, Inc. v. National Capital Skeet and Trap Club, Inc., ___ F.Supp.2d___ WDQ-05-549 (D. Md. Sept. 27, 2005) | |
November 2005: Fifth Circuit Finds Environmental Insurer Must Indemnify Insured for EPA-CERCLA Response Costs International Insurance Co. v. RSR Corporation, et al., ___F.3d___ 04-10311 (5th Cir. Sept. 19, 2005) | |
August 2005: District Court Affirms EPA Regulations that Allow Shooting Ranges to Operate without a Discharge Permit under RCRA because Bullets Are Not ‘Abandoned’ Simsbury-Avon Pres. Soc’y, L.L.C. v. Metacon Gun Club, Inc., ___F.Supp.2d___ 3:02 CV 656 (JCH) (D. Conn. May 31, 2005) |
May 2005: U.S. Environmental Protection Agency Announces Drinking Water Lead Reduction Plan | |
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) | |
July 2004: District Court Holds Review of State Response Limited to Administrative Record under CERCLA. State of California Department of Toxic Substances Control v. Alco Pacific, Inc., ___F.Supp.2d___ CV 01-9294 SJO (FMOx) (C.D. Cal. May 7, 2004). | |
March 2004: Court of Appeal Finds California’s Lead and Copper Rule Test Methodology under SDWA Invalid Mateel Environmental Justice Foundation v. Edmund A. Gray Co., et al, __Cal.App.4th___, Case Nos. A100075, A100279 (1st Dist. Jan. 23, 2004; Corrected Jan. 27, 2004). | |
November 2003: ASARCO and HECLA Mining Held Responsible for Majority of Cleanup Costs and Natural Resources Damages at Coeur D’Alene River Basin Coeur D’Alene Tribe v. ASARCO Incorporated, et al. ___F.Supp.2d___, Case Nos. CV 91-0342-N-EJL and CV96-0122-N-EJL (D. Id. Sept. 3, 2003). | |
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). | |
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) | |
July 2002: New Jersey District Court Rejects Divisibility of Costs Argument and Awards $6.7 Million to Federal Government United States v. Spaulding Composites Co., Inc. ___F.Supp.2d___, Case No. 94-5451 (D. N.J. May 12, 2002) |
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Lead Paint |
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May 2006: Recent Investigations, Settlements, Penalties and Sanctions | |
April 2006: aaa aaa aaa | |
March 2006: Recent Investigations, Settlements, Penalties and Sanctions | |
November 2005: Recent Investigations,Settlements, Penalties and Sanction | |
August 2005: Recent Investigations, Settlements, Penalties and Sanctions | |
January 2005: New York District Court Holds Pollution Exclusion Clause Does Not Include Contaminants such as Lead Paint Herald Square Loft Corp. v. Merrimack Mutual Fire Insurance, ___F.Supp.2d___ 03 Civ. 7682 (S.D. N.Y. Nov. 16, 2004) | |
November 2002: Recent Investigations, Settlements, Penalties and Sanctions | |
May 2004: New Jersey Supreme Court Applies Multiple Insurance Policy Deductibles to Claim fo Ongoingn Pollution Benjamin Moore & Co. v. Aetna Casualty & Surety Company Supreme Court of New Jersey, 843 A.2d 1094 (N.J. March 24, 2004) | |
September 2003: Court of Appeals Strikes Down New York City Lead- Based Paint Regulation New York City Coalition to End Lead Poisoning, Inc. v. Vallone Case No. 80 (N.Y. App. July 1, 2003). | |
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) | |
July 2002: D.C. Circuit Upholds EPA Lead Rule Requiring Disclosure of Lead-based Paint, Dust and Soil without Regard to Source National Multi Housing Association v. Environmental Protection Agency ___F.3d___, Case No. 01-1159 (D.C. Cir. June 7, 2002) |
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Legislation |
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Licensed Site Professionals |
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Manufactured Gas Plants |
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Manufacturing |
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Mental Distress Damages |
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Mercury |
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Methane |
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Methyl Bromide |
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Methyl Ethyl Ketone |
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Microbe Treatment |
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Military Pollution |
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November 2009: Seventh Circuit Affirms Dismissal of Gun Range/Lead Pollution Suit under the Clean Water Act, RCRA and CERCLA for Lack of Standing Pollack v. U.S. Department of Justice, ___F.3d___ 08-3857 (7th Cir. 2009) | |
June 2009: CERCLA Response Costs Assessed against U.S. Based On WWII Contracts for Aviation Fuel Production Shell Oil Company et al. v. U.S., ___F.Supp.2d___ 06-141C (Fed. Cl. March 31, 2009) | |
August 2008: Department of Defense Refuses to Sign Three EPA RCRA Final Orders for Superfund Sites or Sign Interagency Agreements for Eight Other Superfund Sites | |
July 2008: Eleventh Circuit Holds RCRA Jurisdictional Bar Applies to Remedial Actions on Non-NPL-Listed Federal Facilities OSI, Inc. v. U.S., ___F.3d___ 07-10941 (11th Cir. May 5, 2008) | |
July 2008: Eleventh Circuit Holds RCRA Does Not Permit Tort-Related Damages—Applies Discretionary Function Exemption of FTCA to Bar Common-Law Negligence Porter v. U.S., ___F.3d___ 07-14801 (11th Cir. May 8, 2008) | |
January 2008: Third Circuit Reverses Earlier Decision Barring CERCLA PRP Cost Recovery, Relying on Atlantic Research Decision E.I. DuPont de Nemours and Co. v. U.S., ___F.3d___ 04-2096 (3rd Cir. Nov. 20, 2007) | |
June 2007: District Court Finds a Party May Depose Opposing Counsel in a CERCLA Contribution Action where Counsel Drafted the Response to EPA Request Raytheon Aircraft Co. v. U.S., ___F.Supp.2d___ 05-2328 (D. Kan. April 13, 2007) | |
August 2006: District Court Interprets Brownfields Amendments to CERCLA ‘All Appropriate Inquiry’ Standard as Non-Retroactive R.E. Goodson Construction Company, Inc. v. International Paper Co., ___F.Supp.2d___ 4:02-4184-RBH (D. S.C. June 14, 2006) | |
March 2006: District Court Holds State and Local Officials Are Entitled to Participate in the Selection of CERCLA Cleanups at Sites Formerly Owned by the United States City of Moses Lake v. United States, ___F.Supp.2d___ CV-04-0375-AAM, Doc. 181 (E.D. Wash. Dec. 30, 2005) | |
January 2006: California District Court Dismisses Developer’s Claims Challenging State Agency Cleanup of Landfill Gas at Former Air Force Base Shea Homes Limited Partnership v. United States, ___F.Supp.2d___ C04 – 0092 TEH (N.D. Cal. Nov. 10, 2005) | |
October 2005: District Court Finds a Party May Seek Indemnification from Other PRPs Pursuant to CERCLA § 107(a) if § 113(f) Recovery Is Unavailable Viacom, Inc. v. United States of America, ___F.Supp.2d___ 05-0468 (D. D.C. July 19, 2005) | |
July 2005: Second Circuit Holds Claims against the Federal Government Relating to Military Contamination Were Time-Barred and Sought Improper Response Costs Syms v. Olin Corporation, ___F.3d___ 03-6234 (2nd Cir. May 18, 2005) | |
March 2005: District of Columbia Circuit Rejects Environmental Tort Claims Regarding World War II Munitions Testing under Discretionary Function Exception Loughlin, et al. v. United States, et al., ___F.3d___ 03-5284 (D.C. Cir. Dec. 21, 2004) | |
October 2004: Federal Circuit Allows CERCLA Recovery from U.S. Military under War Contract Ford Motor Co. v. United States, ___ F.3d ___ 03-5092 (D.C. Cir. Aug. 10, 2004) | |
October 2003: Tenth Circuit Holds Statute of Limitations Bars Claim against Government for Pollution Resulting from World War II Weapons Testing Cannon v. United States of America ___F.3d___, Case No. 02-4059/4066 (10th Cir. Aug. 11, 2003). | |
May 2003: Court of Appeals: Tenth Circuit Applies the "Wholly Past" Doctrine to the Resource Conservation and Recovery Act Chemical Weapons Working Group, Inc., et al. v. Sierra Club, et al. ___F.3d___, Case No. 00-4110 (10th Cir. March 18, 2003). | |
May 2003: Legislation Introduced in Congress to Limit Environmental Obligations of the Department of Defense | |
October 2002: Ninth Circuit Affirms that the United States is Liable for Wartime Pollution in California Cadillac Fairview/California, Inc. v. Dow Chem. Co. ___F.3d___,Case No. 99-56641 (9th Cir.Aug.6,2002). |
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Mining |
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April 2006: aaa aaa aaa | |
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) | |
November 2003: ASARCO and HECLA Mining Held Responsible for Majority of Cleanup Costs and Natural Resources Damages at Coeur D’Alene River Basin Coeur D’Alene Tribe v. ASARCO Incorporated, et al. ___F.Supp.2d___, Case Nos. CV 91-0342-N-EJL and CV96-0122-N-EJL (D. Id. Sept. 3, 2003). | |
June 2003: Tenth Circuit Denies Attorney Fees in Mooted Clean Water Act Case Amigos Bravos, et al. v. Environmental Protection Agency, et al. ___F.3d___, Case No. 02-2030 (10th Cir. April 2, 2003). |
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Mold |
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MTBE |
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December 2009: District Court Revisits the Statute of Limitation for Claims—Applies California Law as to Claims by the Orange County Water District In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___ 1358, Case No. M21.88 (S.D. N.Y. Nov. 16, 2009) | |
November 2009: Exxon Avoids Punitive Damages but Found Libel for Nearly $105 Million to New York City for MBTE Discharge In re Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___ 00 MDL 1898 (SAS), 04 Civ. 3417 (SAS) (S.D. N.Y. Oct. 19, 2009) | |
October 2009: District Court Applies Burlington Northern, Holds Defendant’s Liability from Its Contribution to a Defective Commingled Product Is Merely Several In re Methyl Tertiary Butyl Ether Products Liability Litigation, 00 MDL 1898 (SAS), ___F.Supp.2d___ 04 Civ. 3417 (SAS) (S.D. NY July 14, 2009) | |
March 2008: District Court Upholds Removal of Suit under Energy Policy Act Despite Plaintiffs’ Claim that Pleading Reference to MTBE Was Merely a ‘Time- Marker’ Bonds v. Nicoletti Oil, Inc., ___F.Supp.2d___ CV-F-07-1600 (E.D. Cal. Jan. 30, 2008) |
July 2007: Second Circuit Holds States’ Lawsuits against Oil Companies for MTBE Contamination of Drinking Water Supplies May Be Heard in State Court In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.3d___ 04-5974-cv(L) and 04-6056-cv(CON) (2nd Cir. May 24, 2007) | |
February 2007: Third District Court Allows Strict Products Liability Cause of Action for MTBE Release D.J. Nelson v. Superior Court 144 Cal.App.4th 689 (3rd Dist. 2006) | |
December 2006: California Appellate Court Recognizes Bystander Recovery in Strict Product Liability for MTBE Cleanup Costs Nelson v. Superior Court, ___Cal.App.4th___ C 052420 (Cal. App. 3rd Dist. Nov. 6, 2006) | |
June 2006: District Court Denies MTBE Defendant’s Motion to Remove Action in the Face of a Fifth Amended Complaint In re Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___ 1:00-1898 (S.D. N.Y. April 17, 2006) | |
March 2006: District Court Throws Out Property Damage and Medical Monitoring Claims Brought Following Contamination of Drinking Water Well Player v. Motiva Enterprises LLC, ___F.Supp.2d___ 02-3216 (D. N.J. Jan. 20, 2006) | |
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) | |
October 2004: Emerging Contaminants—Part II | |
February 2004: Recent Investigations, Settlements, Penalties and Sanctions | |
February 2004: District Court Dismisses RCRA and State Law Claims because Plaintiffs Failed to Show that Pollution of River Invaded Their Property Interests Abundiz v. Explorer Pipeline Co. ___F. Supp.2d___, Case No. 3:00-CV-2029-H (N.D.Tex. Dec. 16, 2003). | |
January 2004: Recent Investigations, Settlements, Penalties and Sanctions | |
January 2004: House Energy Bill’s MTBE Provisions: Industry “Gift Basket” or Congressional Apology? | |
September 2003: EPA Wrongly Denied California’s Waiver Request to Federal Oxygenated Gas Standards by Not Evaluating Waiver’s Beneficial Effects on Particulate Matter. Gray Davis v. U.S. Environmental Protection Agency ___F.3d___, Case No. 01- 71356 (9th Cir. July 17, 2003). | |
August 2003: Perchlorate: A Contaminant of the Decade | |
July 2003: Ninth Circuit Holds California's Ban on MTBE Not Preempted under the Clean Air Act Oxygenated Fuels Association Inc. v. Davis ___F.3d ___, Case No. 01-17078 (9th Cir. June 4, 2003). | |
July 2003: H.R. 6 and S. 791: Federal Legislation Pending Regarding Insulation for Liability for MTBE Producers | |
February 2003: Recent Investigations, Settlements, Penalties and Sanctions | |
November 2002: California Court of Appeal Holds Evidence Sufficient to Support Judgment for Defendant in Underground Storage Tank Case Catanzaro v. Chevron U.S.A., Inc. ___Cal.App.4th___, unpublished opinion (1st Dist. Aug. 30, 2002) | |
August 2002: MTBE: The Science behind the Contaminant of the Decade |
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Municipal Ordinances |
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Natural Disasters |
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Natural Resource Damage Claims |
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Nickel |
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Nitrogen |
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N-Nitrosodimethylamine |
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No Further Action Administrative Decisions |
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Notice of Intent to Sue |
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NOx |
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Nuclear Waste |
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March 2008: Ninth Circuit Holds Supersedeas Bond in Environmental Remediation Case Did Not Secure the Judgment against Both Co-Judgment Debtors Contractors Equipment Maintenance Co., Inc. v. Bechtel Hanford, Inc., ___F.3d___ 06-35310 (9th Cir. Jan. 24, 2008) | |
October 2007: Court of Federal Claims Awards $77 Million for U.S. Government’s Delay in Disposing of Spent Nuclear Fuel Southern Nuclear Operating Company, et al. v. U.S. 98-614C (Fed. Cl. July 9, 207) | |
January 2003: Ninth Circuit Finds CERCLA's Federal Statute of Limitations Period Preempts California's. O'Connor v. Boeing North America, Inc., ___F.3d___, Case No. 00-56141 (9th Cir. Nov. 27, 2002). | |
August 2002: D.C. Circuit Rejects Chem-Nuclear's Request for Reimbursement of CERCLA Remediation Costs Chem-Nuclear Systems, Inc. et al. v. Bush et al., ___F.3d___, Case No.01-5184 (D.C.Cir.June 11,2002). | |
December 2001: Ninth Circuit Holds Federal District Court Proper Forum for Adjudication of Nuclear Waste Policy Act Preemption Issue United States v. Morros ___ F.3d ___, Case No. 0017330 (9th Cir. Oct. 15, 2001). | |
May 2001: Ninth Circuit Holds that It Lacks Original or Exclusive Jurisdiction over Challenge to Radioactive Waste Disposal Practices at Federal Defense Facilities Natural Resources Defense Council, Inc. v. Abraham ___F.3d___,Case No.00-700-15 (9th Cir. March 28, 2001). |
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Nuisance |
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September 2004: States and Environmental Groups Allege Global Warming as a Public Nuisance in Suits against Power Companies. State of Connecticut, et al. v. Am. Elec. Power Co., et al., Case No. 04-05669; Open Space Inst., Inc., et al. v. Am.Elec. Power Co., et al. 04-05670 (filed July 21, 2004, S.D. N.Y.) | |
April 2004: Texas Court of Appeals Dismisses Continuing Nuisance Claim as Barred by Statute of Limitations Jud Walton v. Mobil Oil Corporation ___S.W.2d___, Case No. 08-02-00485-CV (Tx. App. March 11, 2004). | |
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). | |
November 2002: Ohio Appellate Court Limits to Contemporaneous Neighbors Tort Liability for Migration of Underground Contaminants Abraham et al., v. BP Exploration & Oil Inc. (Ohio App. 10th Dist. Aug. 27, 2002). | |
November 2002: California Court of Appeal Holds Evidence Sufficient to Support Judgment for Defendant in Underground Storage Tank Case Catanzaro v. Chevron U.S.A., Inc. ___Cal.App.4th___, unpublished opinion (1st Dist. Aug. 30, 2002) |
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Officer and Director Liability |
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Passive Migration |
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PCBs |
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February 2010: District Court Using Equitable Factors Dismisses Polluters’ Claims for Contribution Appleton Papers Inc. and NCR Corp., v. George A. Whiting Paper Co., et al.,___F.Supp.2d___ 08-C-16 (E.D. Wisc. Dec. 16, 2009) | |
May 2008: District Court Leaves Open Door Open on Issue: Can Ship Propellers Drive CERCLA Liability? City of Waukegan v. National Gypsum Co. et al., ___F.Supp.2d___ 7-cv-05008 (N.D. Ill. 2008) | |
April 2008: San Francisco Regional Water Board Adopts Mass-Based Limits for PCBs | |
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) | |
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) | |
October 2007: Great Lakes City Refuses Harbor Cleanup Plans and Dollars | |
March 2006: Northeastern States Utilize Intervention in Superfund Site to Protect Water Resources United States v. Union Corp. et al. 80-1589 (E.D. PA) | |
January 2006: Plaintiffs Suing in State Court Meet Federal Standard of Notice of Intent to Sue but Fail to Meet State’s Requirement Robert Kaplan v. U.S. Bank, N.A., ___S.W.3d___ ED85640 ( Mo. App. E.D. Nov. 15, 2005) | |
April 2005: Georgia Supreme Court Holds that Party Merely Planning to Lease Property May Not Recover Damages for Contamination of the Site General Electric Company v. Lowe’s Home Centers, Inc. S04Q2099 (Ga. Feb. 7, 2005) | |
February 2005: Recent Investigations, Settlements, Penalties and Sanctions. | |
November 2004: Eleventh Circuit Holds that Federal Court Jurisdiction Exists for Case Alleging Violation of State-Issued Clean Water Act Permit Parker v. Scrap Metal Processors, Inc., ___F.3d___ 03-14516 (11th Cir. Sept. 28, 2004) | |
October 2004: Instructions to Jury to Consider a Company’s Business Policies in Mitigation of Damages to Determine “Reasonableness” of Conduct Is Proper Lowe’s Home Centers, Inc. v. General Electric Company, ___F.3d___ 03-10480 (11th Cir. Aug. 19, 2004) | |
October 2004: Recent Investigations, Settlements, Penalties and Sanctions | |
September 2004: New York District CourtDeclines to Dismiss Landowner’s Action under § 107 of CERCLA because Owner Might Qualify for the “Third Party” or “Innocent Purchaser” Defense Emerson Enterprises, LLC v. Kenneth Crosby Acquisition Corp.,___F.Supp.2d___ 03-CV-6530 CJS (W.D. N.Y. June 23, 2004) | |
September 2004: Eighth Circuit Holds that Strict Liability Is Not Applicable to Action against a Landowner’s Predecessor in Title for Environmental Damage to Land. Kennedy Building Associates v. Viacom, Inc., ___F.3d___ 03-1520 (8th Cir. July 15, 2004) | |
August 2004: District Court Rules in Favor of Amtrak on Three Separate CERCLA Claims The United States v. National Railroad Passenger Corporation, et al. v. Penn Central Corporation, ___F.Supp.2d___ A 86-1094 (E.D. Pa. June 15, 2004) | |
December 2003: District Court of Rhode Island Declines to Apply Retroactively the 2001 Amendments to CERCLA Innocent Landowner Defense United States v. Domenic Lombardi Realty, Inc. ___F.Supp.2d____, Case No. C.A. No. 98-591S (D. R.I. Oct. 17, 2003). | |
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: U.S. Environmental Protection Agency Partially Approves and Disapproves California’s 2002 Clean Water Act Section 303(d) List | |
March 2003: Indiana District Court Declines to Apply CERCLA's Contribution and Jurisdictional Bars to Landowner's State Law Cost Recovery Action Taylor Farm Limited Liability Company v. Viacom Inc ___F.Supp.2d___, Case No. IP01-1734 C-M/S (S.D. Ind. Dec. 24, 2002). | |
February 2003: Second Circuit Finds Divisibility of Harm Defense Not Applicable to Oil Emulsion Containing Heavy Metals and PCBs United States v. Alcan Aluminum Corporation, ___F.3d___, Case NO. No. 01-6008 (2nd Cir. Jan. 7, 2003). | |
July 2002: Court of Appeals: D.C. Circuit Vacates EPA's PCB Risk Assessment Review Guidance Document. General Electric Company v. Environmental Protection Agency ___F.3d___, Case No. 00-1394, (D.C. Cir. May 17, 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) | |
April 2001: D.C. Circuit Rejects Amendments to the PCB Mega Rule as Improper under the Administrative Procedure Act Utility Solid Waste Activity Group v. EPA 236 F.3d 749, (D. C. Cir. Jan. 30, 2001) |
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PCE |
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August 2010: District Court Dismisses CERCLA and Common Law Claims against Dry Cleaning Equipment Manufacturer Due to Manufacturer’s Lack of Control over Discharge Team Enterprises, LLC v. W. Investment Real Estate Trust, ___F.Supp.2d___ CV F 08-0872 (E.D. Cal. June 11, 2010) | |
August 2010: Sixth District Finds Property Owner Strictly Liable for Chemical Spill and Negligent for Failing to Immediately Report Discharge TWC Storage, LLC v. California State Water Resources Control Board 185 Cal.App.4th 291 (6th Dist. 2010), modified June 29, 2010 | |
July 2010: Emphasizing Dry Cleaning Manufacturer’s Lack of Affirmative Conduct, District Court Dismisses Claims under CERCLA, RCRA, HSAA, and Common Law Hinds Investments, L.P. v. Team Enterprises, Inc., ___F.Supp.2d___ CV F 07-0703 (E.D. Cal. April 22, 2010) | |
June 2010: District Court Determines State Order Regarding PCE/TCE Cleanup Does Not Bar Citizen Suit under RCRA Regarding Same Contamination Natural Resources Defense Council, Inc. v. County of Dickson, Tennessee, ___F.Supp.2d___ No.3:08-0229 (M.D. Tenn. April 1, 2010) |
May 2010: Applying the Burlington Northern ‘Arranger Test,’ the District Court Dismisses a CERCLA Claim against Dry Cleaning Machine Manufacturers Hinds Investments, L.P. v. Team Enterprises, Inc., ___F.Supp.2d___ CV F 07-0703 (E.D. Cal. March 12, 2010) | |
March 2010: District Court Refuses to Apply CERCLA Arranger Liability to Manufacturer/Franchiser of Dry Cleaning Equipment Hinds Investment, L.P. v. Team Enterprises, Inc., ___F. Supp.2d___ CV 07-0703 (E.D. Cal. Jan. 14, 2010) |
January 2010: Following Jury Verdict on Common Law Counts, District Court Determines the Source of PCE Release and Response Costs under CERCLA Walnut Creek Manor v. Mayhew Center, LLC, ___F. Supp.2d___ 07-05664 CW (N.D. Cal. 2009) |
December 2009: District Court Finds Publicly Operated Sewage Treatment Facilities Can Be Sued as PRPs for Hazardous Materials Dumped into Their Sewers Adobe Lumber, Inc. v. Hellman, ___F.Supp.2d___ 05-1510WBS EFB (E.D. Cal. 2009) | |
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) | |
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) | |
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) | |
December 2004: City of Lodi Reaches Settlement to Clean Up Polluted Groundwater City of Lodi v. M&P Investments, et al., CIV S-00-2441 FCD JFM (E.D. Cal.) | |
February 2004: District Court Holds that Liability Insurer Does Not Qualify as an Innocent Party under CERCLA California Dep’t of Toxic Substances Control v. City of Chico ___F.Supp.2d___, Case No. Civ. S-02-442 LKK/DAD (E.D. Cal. Jan. 8, 2004). | |
December 2003: Los Angeles Regional Water Quality Control Board Issues Administrative Complaint against Sony Pictures for Violation of Water Code § 13376 | |
February 2003: Perchloroethylene and the Dry Cleaning Industry | |
November 2002: Court of Appeals: Ninth Circuit Certifies Questions Regarding Scope of Arranger Liability under State Law for Alaska Supreme Court Berg v. Popham, ___F.3d___ Case No. 01-35807 (9th Cir. Oct. 4, 2002) |
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Perchlorate |
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March 2009: Judicial Stay Lifted Allowing State Water Resources Control Board Perchlorate Hearings to Rekindle Goodrich Corporation, et al. v. California State Water Resources Control Board, et al. BS 115673 (Los Angeles Cnty Super Ct) | |
December 2008: U.S. EPA Poised to Leave Perchlorate Unregulated in Drinking Water | |
December 2008: U.S. EPA Poised to Leave Perchlorate Unregulated in Drinking Water | |
May 2008: Due Process Violations Allegation Bring State Water Resources Control Board Proceeding to a Standstill Goodrich Corporation v. California State Water Resources Control Board, et al. BS 110390 (Consolidated with Case Nos. BS 110390 and BS 110391, Los Angeles Superior Court | |
December 2007: House Subcommittee Approves Bill to Require Perchlorate Standard | |
November 2007: New State Regulations Set Legal Limit for Perchlorate in Public Water Supplies | |
July 2007: Debate over the Effects of Perchlorate Jeopardizes the Future of Federal Legislation to Clean Up Drinking Water | |
July 2005: Whittaker Corporation Agrees to Pay over $500,000 to Treat Santa Clarita Well Contaminated with Perchlorate | |
May 2005: Perchlorate: An Emerging Contaminant of Environmental and Toxicological Concern | |
April 2005: U.S. Environmental Protection Agency Establishes Official Reference Dose for Perchlorate | |
October 2004: Emerging Contaminants Affecting Water Quality | |
August 2004: Emerging Contaminants—Part 1 | |
April 2004: Perchlorate Remediation Continues Statewide as Purveyors Await “Public Health Goal” | |
March 2004: Rialto Files First Lawsuit Regarding Cleanup of Perchlorate in San Bernardino County City of Rialto, et al. v. U.S. Dept. of Defense, et al Case No. CV 04-00079, filed Jan, 20, 2004 (C.D. Cal.). | |
January 2004: California Legislature Passes Two Bills Addressing Perchlorate Contamination | |
September 2003: District Court Approves Relaxed Burden of Proof for CERCLA Plaintiffs Castaic Lake Water Agency v. Whittaker Corp. ___F.Supp.2d___, Case No. CV 00-12613 AHM (RZx), (C.D. Cal. July 15, 2003). | |
August 2003: Perchlorate: A Contaminant of the Decade | |
July 2003: Santa Ana Regional Water Quality Control Board Investigates Use of Perchlorate at Former General Dynamics Facility in Rialto | |
July 2003: Study Finds High Levels of Perchlorate in Lettuce from California's Imperial Valley |
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Perchlorethylene |
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Personal Injury Actions |
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July 2007: Eleventh Circuit Holds Florida Strict Liability Statute Did Not Preclude Personal Injury Suit for Damages from Wastewater Treatment Plant Florence v. Crescent Resources, LLC, ___F.3d___ 06-13587, 11th Cir. April 18, 2007) | |
July 2005: Tennessee Court of Appeals Dismisses Action against State Agency Alleging Negligent Advice Concerning Disposal of Hazardous Waste Wells v. State of Tennessee E2004-02345-COA-R3-CV (Tenn. App. April 28, 2005) | |
October 2004: Tennessee Federal District Court Allows Mental Distress Damages for Contamination of Prop-erty Mildred Isabel v. Velsicol Chemical Company, ___F.Supp.2d___ 04-2997-DV (W.D. Tenn. Aug. 2, 2004) | |
January 2004: In Environmental Toxic Tort Litigation, Court May Exclude Expert Witness Testimony that Does Not Satisfy Daubert Test Marsh v. W.R. Grace & Co. ___F.3d___, Case Nos. 98-1943, 98-1944, 98- 1945 (4th Cir. Nov. 19, 2003). |
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Pesticides |
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October 2009: U.S. EPA to Develop New Limitations on Pesticides Use to Protect Salmon and Steelhead in Western States | |
January 2009: District Court Finds Suffolk County Not Liable under the Clean Water Act for Pesticide Use Resulting in Fish Kills Peconic Baykeeper, Inc. v. Suffolk County, ___F.Supp.2d___ CV 04-4828 (E.D. N.Y. Nov. 17, 2008) | |
February 2007: Environmental Groups Threaten to Sue U.S. EPA over Pesticide Registration | |
October 2006: Federal Court Rejects Bush Administration Streamlined Pesticide Approval Washington Toxics Coalition et al. v. U.S. Department of the Interior et al., ___F.Supp.2d ___ C04-1998C (W.D. Wash. Aug. 24, 2006) | |
March 2006: First District Finds State Agency Must Conduct CEQA Review of Use of Pesticide Products in Winegrap Disease Control Program Californians for Alternatives to Toxic, et al. v. Calif. Department of Food and Agriculture, ___Cal.App.4th___ A107088, published Jan. 27, 2006 (1st Dist. Dec. 29, 2005) | |
August 2005: Pesticide Usage along California’s Waterways: Will the Ninth Circuit’s Decision to Protect Salmon also Preserve Water Quality? Washington Toxics Coalition v. U.S. Environmental Protection Agency, ___F.3d___ 04-35138 (9th Cir. June 29, 2005) | |
May 2005: Minnesota Supreme Court Allows Negligence Claim for Pesticide Spraying on Defendant’s Own Property that Harms Migratory Bees Anderson v. State of Minnesota A03-679 (Minn. March 3, 2005) | |
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) | |
November 2004: Bush Administration Streamlines Pesticide Approval, Reduces Role of Wildlife Agencies. | |
July 2004: State Water Resources Control Board Adopts General Permit for Discharge of Aquatic Pesticides. | |
March 2004: District Court Restricts the Use of Pesticides near Western Salmon Streams Washington Toxics Coalition, et al. v. U.S. Environmental Protection Agency, et al. ___F.Supp.2d___, Case No. C01-0132C (W.D. Wash. Jan. 22, 2004) | |
January 2004: Second Circuit Finds that Congress Intended the Citizen-Suit Provision of the Clean Water Act to Operate Regardless of whether the Claimed Violation of CWA also Violated FIFRA No Spray Coalition, Inc. v. City of New York ___F.3d___, Case No. 02-9484 (2nd Cir. Dec. 9, 2003). | |
October 2003: Endocrine Disruptors—A Water Quality Concern to Monitor | |
August 2003: Fifth Circuit Affirms the Federal Insecticide, Fungicide and Rodenticide Act Preemption of State Labeling Laws for Pesticides Dow Agrosciences, LLC v. Bates 332 F.3d 323 (5th Cir. June 11, 2003). | |
May 2003: District Court: New York District Court Dismisses State Environmental Claims Arising Out of Bhopal, India Disaster Bano v. Union Carbide Corp. ___ F. Supp. 2d ___, Case No. 99 Civ. 11329 (JFK), (S.D. N.Y. March 18, 2003). | |
January 2003: Ninth Circuit Orders U.S. Forest Service to Obtain NPDES Permit and Perform Supplemental Environmental Impact Statement League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Forsgren 309 F.3d 1181 (9th Cir. Nov. 4, 2002). | |
November 2002: District Court: Chemical Company Secures Trial on Coverage for DBCP Liability Dow Chemical Company v. Fireman's Fund Insurance Company ___F.Supp.2d___, Case No. 96-75832 (E.D. Mich. Aug. 28, 2002) | |
June 2002: Tanker Companies Must Reimburse State for Cost of Providing Alternate Water to Residents Due to Leaking USTs North Carolina v. Acme Petroleum ___F.3d___, Case No. 01-1665 (4th Cir. March 19, 2002). | |
March 2002: California Appellate Court Finds that Federal Pesticide Statute Does Not Preempt State Common Law Claims for Breach of Warranty and Negligence Sun Valley Packing v. Consep, Inc. ___Cal.App.4th___,114 Cal.Rptr.2d 237 (5th Dist.Dec.10,2001) | |
July 2001: Second Circuit Court of Appeals Interprets RCRA in Denying Request to Enjoin Pesticide Spraying Program Intended to Control West Nile Virus No Spray Coalition v. The City of New York ___F.3d___,Case No.00-9368,(2nd. Cir., June 5, 2001) |
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Petroleum Hydrocarbons |
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August 2010: Federal Claims Court Finds U.S. Must Reimburse Oil Companies for Cleanup Costs Incurred by Reason of WWII AVGAS Production Shell Oil Company & Atlantic Richfield Company v. U.S. 06-141C (Fed. Cl. 2010) | |
April 2010: District Court Clarifies Grounds for Preliminary Injunctions under RCRA REV 973 LLC v. Mouren-Laurens, ___F.Supp.2d___ 98-10690, (C.D. Cal. 2010) | |
March 2010: District Court Rules ‘Imminent and Substantial Endangerment’ under RCRA Must Be Measured ‘At The Time Of Suit' American International Specialty Lines Ins. Co. v. 7-Eleven, Inc., ___F.Supp.2d___ 3:08-cv-807-M (N.D. Tex. Jan. 19, 2010) | |
April 2009: District Court Decides Private Citizen Suits Are Not Barred by Previous Administrative Actions Hernandez v. Esso Standard Oil Co., ___F.Supp.2d___ 03-1485 (D. Puerto Rico, Feb. 10, 2009) | |
December 2008: District Court Dismisses RCRA Complaint on the Basis of Res Judicata of Prior Clean Water Act Case and Consent Decree Northern California River Watch v. Redwood Oil, Inc., ___F.Supp.2d___ C 08-02141 WHA (N.D. Cal. Oct. 15, 2008) | |
April 2008: U.S. Supreme Court Hears Arguments in Exxon Valdez Oil Spill Case—Decision Expected to Impact Punitive Damages in Environmental Cases Exxon Shipping Company et al. v. Baker et al. 07-219, U.S. Supreme Court, Feb. 27, 2008 | |
March 2008: District Court Upholds Removal of Suit under Energy Policy Act Despite Plaintiffs’ Claim that Pleading Reference to MTBE Was Merely a ‘Time- Marker’ Bonds v. Nicoletti Oil, Inc., ___F.Supp.2d___ CV-F-07-1600 (E.D. Cal. Jan. 30, 2008) | |
January 2008: Refinery Explosion in Texas and Pipeline Leaks in Alaska Lead BP to Pay $50 Million and $12 Million in Criminal Fines for CAA/CWA Violations | |
November 2007: News from the West | |
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) | |
August 2007: District Court Rejects Abstention in Determining Citizen Claims under RCRA where State Underground Storage Tank Law Offered Alternative Relief K-7 Enterprises v. Jester, et. al., ___F.Supp.2d___ 4:06-CV-57 (E.D. Tx. June 20, 2007) | |
August 2007: U.S. Potentially Time Barred from Recovering $22 Million against Discharger Impacting Soil and Water under Pennsylvania Statutes U.S. v. Sonoco, Atlantic Ridgefield Company, ___F.Supp.2d___ CIV. A. 05-6336-ABB (D. Penn. July 12, 2007) | |
July 2007: Kinder Morgan, SFPP Agree to Pay Nearly $5.3 Million to Resolve Federal and State Environmental Violations for Suisun, Alameda, and Donner Lake Spills | |
August 2006: District Court Interprets Brownfields Amendments to CERCLA ‘All Appropriate Inquiry’ Standard as Non-Retroactive R.E. Goodson Construction Company, Inc. v. International Paper Co., ___F.Supp.2d___ 4:02-4184-RBH (D. S.C. June 14, 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) | |
November 2005: California Supreme Court Offers New Hope for Those Seeking to Trigger Coverage on Cleanup Costs Ordered by an Administrative Agency Powerline Oil Company v. Superior Court of Los Angeles 37 Cal.4th 377 (Cal. Aug. 29, 2005) | |
October 2005: Recent Investigations, Settlements, Penalties and Sanctions | |
September 2005: Recent Investigations, Settlements, Penalties and Sanctions | |
August 2005: Landlord May Claim Temporary Injury and Cognizable Damages while Vacating Lessee Undergoes State-Mandated Environmental Investigation Alice Jaasma; Trust under Last Will and Testament of Ralph McEwan v. Shell Oil Company, ___F.3d___ 04-2095 (3rd Cir. June 28, 2005) | |
July 2005: North Coast Regional Water Quality Control Board Files Administrative Civil Liability Complaint against Georgia-Pacific Corporation Fort Bragg Lumber Mill | |
July 2005: First Circuit Holds that RCRA Does Not Waive the Government’s Sovereign Immunity from Private Actions to Recover Cleanup Costs Marina Bay Realty Trust, LLC v. United States, ___F.3d___ 04-1909 (1st Cir. May 3, 2005) | |
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) | |
June 2005: Recent Investigations, Settlements, Penalties and Sanctions | |
June 2005: District Court Grants Motions to Dismiss Third- Party Defendants under RCRA, where Complainants Had No Standing and Indemnity Agreements Precluded Claims FCA Associates v. Texaco, Inc. et al., ___F.Supp.2d___ 03-CV-0683T(W.D. N.Y March 31, 2005) | |
May 2005: Recent Investigations, Settlements, Penalties and Sanctions | |
May 2005: Mississippi Supreme Court Clarifies Obligation to Exhaust Administrative Remedies before Filing Environmental Tort Suits Howard v. Totalfina 2003-CA-01600-SCT, 97-CA-01178-SCT (Miss. March 3, 2005) | |
May 2005: Wisconsin Appeals Court Determines that Insurance Policy’s Exclusion of Damages ‘Arising out of’ Oil Spill Applies to Damages Caused by Bad Smell of Oil State Farm & Casualty Co. v. Acuity 04-01621, 2005 (Wisc. Ct. App., March 15, 2000) | |
May 2005: Ninth Circuit Affirms District Court Order Compelling the Production of Responsive Privileged Documents Due to Failure to Timely Submit a Privilege Log Burlington Northern & Santa Fe Railway Company v. U.S. District Court for the District of Montana, ___F.3d___ 04-72134 (9th Cir. March 31, 2005) | |
April 2005: Recent Investigations, Settlements, Penalties and Sanctions | |
April 2005: Ninth Circuit Affirms Judgment against Port in Negligence Per Se Claim Related to Environmental Cleanup The Port of Redwood City v. Gibson Envtl. Inc., ___F.3d___ 03-15662 (9th Cir. CFeb. 25, 2005) | |
March 2005: Orange County District Attorney Settles Suit against Shell Oil for Contamination Flowing from Underground Storage Tanks People of California v. Shell Oil Co. 80-40-31 (Orange County Superior Court, Jan. 5, 2005) | |
March 2005: California Court Rules to Protect Cleanup Judgment Debtor from Having to Assume Responsibilities of Others Who Attempt to Settle Out State of California v. Saberi, ___Cal.App.4th___ A102091, 102543, and 103463, unpub. op. (1st Dist. Feb. 3, 2005) | |
March 2005: Recent Investigations, Settlements, Penalties and Sanctions | |
February 2005: Cooper Industries, Inc. v. Aviall Services, Inc. (Or: How I Stopped Worrying and Learned to Read the SARA Amendments) | |
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). | |
January 2005: Recent Investigations, Settlements, Penalties and Sanctions | |
January 2005: District Court in Indiana Holds that Indiana State Superfund Statute Applies Retroactively Commercial Logistics Corporation v. ACF Industries, Inc., ___F.Supp.2d___ 4:04-CV-0074 B/H (S.D. Ind. Nov. 10, 2004) | |
December 2004: San Francisco Regional Water Quality Control Board Issues a Site Cleanup Order for the Former Oakland Army Base | |
December 2004: Recent Investigations, Settlements, Penalties and Sanctions | |
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: District Court in Rhode Island Finds No Causal Connection between Oil Spill and Diminution of Lobster Catch Thomas Hall v. Eklof Marine Corp., et al., ___ F.Supp.2d___ 02-162L (D. R.I. Oct. 13, 2004) | |
November 2002: Recent Investigations, Settlements, Penalties and Sanctions | |
October 2004: New York Federal District Court Dismisses RCRA Claims where Plaintiff Failed to Show Remediation Plan Inadequate Kara Holding Corp. v. Getty Petroleum Marketing, et al.,___F.Supp.2d___ 99 Civ. 0275 (RWS) (S.D. N.Y. Aug. 13, 2004) | |
July 2004: Eleventh Circuit Reverses Dismissal of Cost Recovery Action Based on Language of Settlement Agreement Rather than Traditional Res Judicata. Norfolk Southern Corp. v. Chevron, ___F.3d___ 03-14473 (11th Cir. June 3, 2004). | |
April 2004: The Ninth Circuit Upholds Preponderance of Evidence Standard and Rejects Broad Innocent Landowner Defense in CERCLA Action Western Properties Service Corp. v. Shell Oil Company et al. ___F.3d___, Case No. 01-55676 (9th Cir. Feb. 13, 2004). | |
April 2004: Texas Court of Appeals Dismisses Continuing Nuisance Claim as Barred by Statute of Limitations Jud Walton v. Mobil Oil Corporation ___S.W.2d___, Case No. 08-02-00485-CV (Tx. App. March 11, 2004). | |
March 2004: New York State Court Applies “Four Corners” Test Contract Law to Lease which Addresses Environmental Liability State of New York v. Robin Operating Corp. Case No. 93977 (N.Y. Supr. Ct. App. Div. Jan. 22, 2004). | |
March 2004: Ninth Circuit Holds that Insurer of Underground Storage Tanks Cannot Rescind Policy Retroactively for Misrepresentations Zurich American Insurance Company v. Whittier Properties, Inc. ___F.3d___, Case No. 02-36101 (9th Cir. Jan. 29, 2004) | |
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: District Court Dismisses RCRA and State Law Claims because Plaintiffs Failed to Show that Pollution of River Invaded Their Property Interests Abundiz v. Explorer Pipeline Co. ___F. Supp.2d___, Case No. 3:00-CV-2029-H (N.D.Tex. Dec. 16, 2003). | |
February 2004: Fifth Circuit Holds Waters Adjacent to Navigable Waters Subject to Oil Pollution Act In re Needham ___F.3d___, Case No. 02-30217 (5th Cir. Dec. 16, 2003). | |
January 2004: California State Lands Commission Proposes Regulations Governing Oil Transfers, Oil Terminal Safety | |
December 2003: Texas Court of Appeals Invalidates “As-Is” Clause in Property Sales Contract when Underground Tank and Hazardous Waste Are Not Disclosed Phillip Nelson Jr. v. Adnan Ali Najm Case No. 01-02- 00451-CV (Tx. App. 1st Dist. Oct. 23, 2003). | |
October 2003: Massachusetts District Court Grants Summary Judgment to Seller of Contaminated Property in Action to Recover for Environmental Contamination American Fiber & Finishing, Inc., Trustee of American Fiber & Finishing, Inc. Realty Trust v. Tyco Healthcare Group, LP. ___F.Supp.2d ___, Case No. C.A. 01- 10294-GAO (D. Mass. July 28, 2003). | |
August 2003: Where Plaintiff Sought Non-CERCLA Damages, Plaintiff Could Not Obtain Benefit of CERCLA’s Discovery Rue to Prevent Running of Statute of Limitations Morgan v. Exxon Corp. Case No. 1012345 (Ala. June 13, 2003). | |
August 2003: Ninth Circuit Enforces Waiver of Statute of Limitations Defense on Environmental Insurance Claims Union Oil Co. of Cal. v. Terrible Herbst, Inc. 331 F.3d 735 (9th Cir. 2003). | |
June 2003: In a Case of First Impression, California Court of Appeal Holds One-Year Statute of Limitation Applies to Action to Recover Penalties under Proposition 65 Shamsian v. Atlantic Richfield Company ___Cal.App.4th___, Case No. B157698 (2nd Dist. April 10, 2003). | |
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). | |
February 2003: Neither "Passive Migration" nor "Continued Presence" of Toxic Contaminants Constitutes a "Discharge" or "Release" under Proposition 65 Consumer Advocacy Group, Inc. v. Exxon Mobil Corporation ___Cal.App.4th___, Case No. B153817 (2nd Dist. Dec. 17, 2002). | |
January 2003: Ninth Circuit Rejects Claim that Statute Excluding Exxon Valdez Tanker from Prince William Sound Unconstitutional SeaRiver Maritime v. Mineta, 309 F.3d 662 (9th Cir. Oct. 31, 2002). | |
November 2002: Ohio Appellate Court Limits to Contemporaneous Neighbors Tort Liability for Migration of Underground Contaminants Abraham et al., v. BP Exploration & Oil Inc. (Ohio App. 10th Dist. Aug. 27, 2002). | |
November 2002: California Court of Appeal Holds Evidence Sufficient to Support Judgment for Defendant in Underground Storage Tank Case Catanzaro v. Chevron U.S.A., Inc. ___Cal.App.4th___, unpublished opinion (1st Dist. Aug. 30, 2002) | |
August 2002: MTBE: The Science behind the Contaminant of the Decade | |
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 | |
March 2002: TEXAS: Clean Water Act Issues Impacting Water Supply | |
March 2002: WASHINGTON: Clean Water Act Issues Impacting Water Supply | |
Janurary 2002: Ninth Circuit Reverses $5 Billion Punitive Damages Verdict Arising from Exxon Valdez Oil Spill In Re: The Exxon Valdez, ___F.3d___, Case No. 97-35191 (9th Cir. Nov. 7, 2001). | |
November 2001: North Carolina Court of Appeals Dismisses Declaratory Relief Action over Ownership of Underground Storage Tanks Carpenter v. Brewer Hendley Oil Company 549 S.E.2d 886, 2001 N.C.App. Lexis 653 (N.C. App. Aug. 7, 2001). | |
July 2001: Fifth Circuit Rejects Application of Oil Pollution Act to Groundwater Contamination Rice V. Harken Exploration ___F.3d ___,Case No.99-11229 (5th Cir. April 25, 2001) | |
May 2001: Collection of Government Regulators Announce Widespread Air Emissions Reductions Settlement Agreements with Three Oil Refiners Covering Nine Polluting Refineries | |
April 2001: Ninth Circuit Approves Exxon's Recovery of Portion of Punitive Award through Assignment Clause in Settlements Exxon Valdez (Baker v. Exxon Corp.) ___F.3d___, No. 99-35898 (9th Cir. Feb. 8, 2001) |
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Pharmaceuticals |
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Phosphorus |
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August 2007: New Jersey DEP Not Required to Promulgate Rules before Enforcing Them against Permittees Regarding Phosphorus Discharges into State Waters Sussex County Municipal Utilities Authority v. New Jersey Department of Environmental Protection A-4723-05T2 (NJ App. Div. June 27 2007) | |
March 2007: Florida Announces Proposed Administrative Rule to Limit Nutrients in Urban Turf and Lawn Fertilizers | |
April 2006: District Court Grants, in Part, EPA’s Motion for Judgment on the Pleadings as to Some Claims Related to Setting of Phosphorous Discharge Standards under the Clean Water Act Miccosukee Tribe of Indians v. United States, ___ F.Supp.2d___ 04021448 (S.D. Fl. Feb. 16, 2006) | |
September 2005: Ninth Circuit Affirms Summary Judgment for Defendants in Case Alleging Over-Abundance of Phosphorous in Lake Steilacoom Lake Improvement Club Inc. v. State of Washington, ___F.3d.___ 03-35888 (9th Cir. July 6, 2005) | |
November 2001: Second Circuit Allows Total Maximum Daily Loads to Be Established on Annual, Not Daily, Basis Natural Resources Defense Council, Inc. v. Muszynski ___F.3d___, Case No. 00-6232 (2nd Cir., Oct. 11, 2001). |
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Piscicide |
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Plolybrominated Diphenyl Ethers-PBDE |
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Polybrominated diphenyl ethers PBDE |
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Polychlorinated Biphenyls |
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Polyethylene Terephthalate Resin - PET |
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Potassium Thiocyanate |
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Private Right of Action |
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Privatized Cleanups |
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Product Liability |
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Punitive Damages |
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Radon Gas |
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Releases |
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Remediation |
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Res Judicata |
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Rotenone |
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Sarin Gas |
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Selenium |
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Ship Ballast |
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Sodium Lignosulfate |
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Solid Waste |
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November 2008: Sewage Backup Caused by Town’s Negligence Held to Be Actionable Nuisance Delores G. Sinotte v. City of Waterbury CV044001115 (Conn. Super. Ct. Aug. 22, 2008) | |
November 2007: Third Circuit Holds New Jersey’s State Regulation of Solid Waste Transfer to Rail Cars Not Preempted by Interstate Commerce Commission Termination Act New York Susquehanna and Western Railway Corporation v. Jackson, ___F.3d___ 07-1675 (3rd Dist. Sept. 4, 2007) | |
November 2007: District Court Dismisses Environmental Groups’ Challenge to Post-Katrina Orders Altering Solid Waste Disposal Regulations for Lack of Standing Louisiana Environmental Action Network v. McDaniel, ___F.Supp.2d ___ 06-4161, Slip Op. (E.D. La 2007) | |
January 2006: Canadian Group Decries Sewage Pollution in Great Lakes | |
March 2006: Eight Circuit Finds Arkansas’ Solid Waste Regulations Do Not Violate the Commerce Clause, and Represent a Valid Use of the State’s Police Powers IESI AR Corporation v. Northwest Arkansas Regional Solid Waste Management District, et al., ___F.3d___ 05-1299 (8th Cir. Jan. 5, 2006) | |
February 2006: Lahontan RWQCB Proposes $700,000 Penalty against Two Lake Tahoe Landowners and Their Contractor for Sewage Spill | |
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) | |
July 2005: Sixth Circuit Holds that Environmental Statute Whistleblower Provisions Do Not Protect Employees Fired for Performing Assigned Duties Sasse v. U.S. Department of Labor, et al., ___F.3d___ 02-077; 02-078; 03-044 (6th Cir. May 31, 2005) | |
October 2004: City of Los Angeles Settles a Six-Year Sewage Spill Suit Los Angeles Region v. City of Los Angeles; Santa Monica Baykeeper, et al. v. City of Los Angeles CV 98-09039 RSWL and CV 01-00191 RSWL | |
September 2004: Eighth Circuit Lacks Jurisdiction to Review EPA Opinion Letter that Restates Existing Law First Realty, Ltd. v. Frontier Insurance Company, et al., ___F.3d___ 00-3930 (8th Cir. Aug. 6, 2004) | |
December 2003: North Carolina Court of Appeals Recognizes Continuing Violation in Assessing Penalties for Hog Farm Murphy Family Farms v. North Carolina Dep’t of Environmental and Natural Resources 585 S.E.2d 446, (N.C. App. Sept. 16, 2003). | |
October 2003: Texas Court of Appeals Applies Doctrine of Negligence Per Se to Environmental Pollution Meith v. Ranchquest, Inc. Court of Appeals of Texas, First District (Tx. App. July 31, 2003). | |
November 2002: The Ever-Expanding NPDES Permit: Proposed "Capacity, Management, Operation and Maintenance" Regulations for Municipal Sewer Systems | |
November 2002: State Water Resources Control Board Issues Order on City of Vacaville's Petition for Review of Waste Discharge Requirements. | |
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: Tenth Circuit Reverses Jury Verdict Awarding Insurance Coverage to Colorado Sewage Treatment Entity, though Notice Was Untimely Metro Wastewater Reclamation District v. Fireman’s Fund Insurance Company, ___F.3d___, Nos. 99-1327, 99-1336, 01-1196, 01-1234 (10th Cir. May 24, 2002). |
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Solvents |
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Sovereign Immunity |
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Statute of Limitations |
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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) | |
December 2003: District Court in Indiana Holds that City May Not Bring Natural Resources Damages Action under CERCLA The Consolidated City of Indianapolis v. Union Carbide Corp ___F.Supp.2d___, Case No. 1:02-CV-1340-LJM-WTL (S.D. Ind. Oct. 8, 2003) | |
June 2002: California Court of Appeal Finds Statute of Limitations for Employees' Personal Injury Claims Not Preempted by CERCLA Rivas v. Safety-Kleen Corp., ___Cal.App.4th___ Case No. B133572 (2nd Dist. May 7, 2002). | |
February 2001: Recent Federal Decisions Fifth Circuit Adopts Tenth Circuit's Rule to Fill Gap in CERCLA's Statute of Limitation Geraghty and Miller, Inc. v. Conoco Inc. ___F.3d___,No.99-20020, 2000 U.S.App.LEXIS 31831, (5th Cir. Dec. 14, 2000) |
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Stigma Damages |
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Stormwater |
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Strict Liability |
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February 2007: Third District Court Allows Strict Products Liability Cause of Action for MTBE Release D.J. Nelson v. Superior Court 144 Cal.App.4th 689 (3rd Dist. 2006) | |
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) | |
September 2004: Eighth Circuit Holds that Strict Liability Is Not Applicable to Action against a Landowner’s Predecessor in Title for Environmental Damage to Land. Kennedy Building Associates v. Viacom, Inc., ___F.3d___ 03-1520 (8th Cir. July 15, 2004) | |
August 2004: District Court Holds that Federal Government’s Violation of State Strict Liability Statute Does Not Give Rise to Liability under Federal Tort Claims Act. Marina Bay Realty Trust LLC v. United States, ___ F.Supp.2d ___ 00-11623-RWZ (D. Mass May 27, 2004) |
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Strontium 90 |
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Styrene |
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Subrogation |
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Successor Liability |
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Sulfuric Acid |
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Supersedeas Bond |
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Supplemental Environmental Projects |
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TCE |
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June 2010: District Court Determines State Order Regarding PCE/TCE Cleanup Does Not Bar Citizen Suit under RCRA Regarding Same Contamination Natural Resources Defense Council, Inc. v. County of Dickson, Tennessee, ___F.Supp.2d___ No.3:08-0229 (M.D. Tenn. April 1, 2010) | |
March 2010: Tenth Circuit Affirms Judgment against Aircraft Company for Remediation Costs under CERCLA Section 107(A) for TCE Groundwater Contamination Raytheon Aircraft Company v. U.S, ___F.3d___ 08-3237 (10th Cir. 2009) | |
May 2008: Due Process Violations Allegation Bring State Water Resources Control Board Proceeding to a Standstill Goodrich Corporation v. California State Water Resources Control Board, et al. BS 110390 (Consolidated with Case Nos. BS 110390 and BS 110391, Los Angeles Superior Court | |
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) | |
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) | |
February 2008: Congress Asks Why Federal Agency Has Failed to Conduct TCE-Related Health Studies | |
December 2007: Sixth Circuit finds CERCLA Recovery under Section 107(a) Permissible Where PRP Has Incurred Cleanup Costs ITT Industries, Inc. v. BorgWarner, Inc., ___F.3d___ 06-2393 (6th Cir. Oct. 18, 2007) | |
November 2007: District Court Rejects Use of Consent Order to Establish Plaintiff as ‘Prevailing Party’ in Parallel RCRA Suit Initiated by Private Party Menard, Inc. v. Wells Manufacturing Company, ___F.Supp.2d___ 03 C 8313 (N.D. Ill Sept. 11, 2007) | |
March 2006: District Court Holds State and Local Officials Are Entitled to Participate in the Selection of CERCLA Cleanups at Sites Formerly Owned by the United States City of Moses Lake v. United States, ___F.Supp.2d___ CV-04-0375-AAM, Doc. 181 (E.D. Wash. Dec. 30, 2005) | |
September 2005: New York Supreme Court Holds that Disclaimer Bars Fraudulent Inducement/Concealment Claims Bank of New York v. Bram Manufacturing Corp., et al., slip opinion, (N.Y. App. July 20, 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) | |
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: 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) | |
December 2004: City of Lodi Reaches Settlement to Clean Up Polluted Groundwater City of Lodi v. M&P Investments, et al., CIV S-00-2441 FCD JFM (E.D. Cal.) | |
September 2004: Minnesota District Court Finds Response Action by Private Party Not a “Removal” Pursuant to CERCLA. Jostens, Inc. v. Vopak, Inc., et al., ___F.Supp.2d___ 02-3761 (D. Minn. July, 28, 2004) | |
July 2004: District Court Finds Failure to Conduct All Appropriate Inquiry Costs PRP Innocent Purchaser Status. XDP Inc. v. Watumull Properties Corp. v. Hongkong & Shanghai Banking Corporation, et al., ___F.Supp.2d___ Civ. 99-1703-AS (D. Or. 2004). | |
July 2004: Court of Appeal Finds Lodi’s Municipal Environmental Ordinance Is Preempted by California Statute. City of Lodi v. Randtron 118 Cal. App. 4th 337 (2004). | |
June 2004: U.S. Court of Federal Claims Holds that Action for Government’s Contamination of Groundwater Lies in Tort, Not Inverse Condemnation . Moden v. the United States, ___F.3d___ 01-294 L (Fed. Cl. Ct. April 9, 2004). | |
May 2003: Colorado Supreme Court Adopts Doctrine of Continuing Nuisance for Groundwater Contamination. Hoery v. United States 2003 Colo. LEXIS 116, Colorado Supreme Court, Case No. 02SA241, (Colo. Feb. 24, 2003). | |
April 2003: Seventh Circuit Upholds Limited Class Action of "Core Questions" in Pollution Case Mejdrech, et. al., v. Met-Coil Systems Corp ___F.3d___, Case No. 02-8018 (7th Cir. Feb. 11, 2003). | |
April 2003: Ninth Circuit Reverses Summary Judgment for Landowner in Cost Recovery Case Based on Doubtful Circumstantial Evidence California v. Campbell ___F.3d___, Case No. 01-16397 (9th Cir. Feb. 14, 2003). | |
October 2002: District Court Grants Class Certification Motion in Groundwater Contamination Case Mejdreck v. The Lockformer Co., ___F.Supp.2d___, Case No.01-C-6107 (N.D.Ill.Aug.9,2002). | |
October 2002: Ninth Circuit Reconsiders Constitutionality of "Innovative" Municipal Ordinance Designed to Remedy Hazardous Waste Contamination Fund Insurance v. City of Lodi, ___F.3d___,Case No.99-15614/15802 (9th Cir.Aug.6,2002). | |
August 2002: MTBE: The Science behind the Contaminant of the Decade |
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TDI |
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Timber Waste |
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Toluene |
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Toxic Torts |
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Transportation |
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Trespass |
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May 2005: Minnesota Supreme Court Allows Negligence Claim for Pesticide Spraying on Defendant’s Own Property that Harms Migratory Bees Anderson v. State of Minnesota A03-679 (Minn. March 3, 2005) | |
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) | |
April 2004: Texas Court of Appeals Dismisses Continuing Nuisance Claim as Barred by Statute of Limitations Jud Walton v. Mobil Oil Corporation ___S.W.2d___, Case No. 08-02-00485-CV (Tx. App. March 11, 2004). | |
May 2003: Colorado Supreme Court Adopts Doctrine of Continuing Nuisance for Groundwater Contamination. Hoery v. United States 2003 Colo. LEXIS 116, Colorado Supreme Court, Case No. 02SA241, (Colo. Feb. 24, 2003). | |
November 2002: Ohio Appellate Court Limits to Contemporaneous Neighbors Tort Liability for Migration of Underground Contaminants Abraham et al., v. BP Exploration & Oil Inc. (Ohio App. 10th Dist. Aug. 27, 2002). | |
November 2002: California Court of Appeal Holds Evidence Sufficient to Support Judgment for Defendant in Underground Storage Tank Case Catanzaro v. Chevron U.S.A., Inc. ___Cal.App.4th___, unpublished opinion (1st Dist. Aug. 30, 2002) |
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Triclosan |
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Trihalomethanes, THM |
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Ultrahazardous Activity |
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Underground Storage Tanks |
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April 2009: District Court Decides Private Citizen Suits Are Not Barred by Previous Administrative Actions Hernandez v. Esso Standard Oil Co., ___F.Supp.2d___ 03-1485 (D. Puerto Rico, Feb. 10, 2009) | |
August 2007: District Court Rejects Abstention in Determining Citizen Claims under RCRA where State Underground Storage Tank Law Offered Alternative Relief K-7 Enterprises v. Jester, et. al., ___F.Supp.2d___ 4:06-CV-57 (E.D. Tx. June 20, 2007) | |
January 2007: Recent Investigations, Settlements, Penalties and Sanctions | |
April 2006: aaa aaa aaa | |
October 2005: Recent Investigations, Settlements, Penalties and Sanctions | |
July 2005: First Circuit Holds that RCRA Does Not Waive the Government’s Sovereign Immunity from Private Actions to Recover Cleanup Costs Marina Bay Realty Trust, LLC v. United States, ___F.3d___ 04-1909 (1st Cir. May 3, 2005) | |
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: Orange County District Attorney Settles Suit against Shell Oil for Contamination Flowing from Underground Storage Tanks People of California v. Shell Oil Co. 80-40-31 (Orange County Superior Court, Jan. 5, 2005) | |
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). | |
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) | |
October 2004: New York Federal District Court Dismisses RCRA Claims where Plaintiff Failed to Show Remediation Plan Inadequate Kara Holding Corp. v. Getty Petroleum Marketing, et al.,___F.Supp.2d___ 99 Civ. 0275 (RWS) (S.D. N.Y. Aug. 13, 2004) | |
September 2004: Recent Investigations, Settlements, Penalties and Sanctions | |
March 2004: New York State Court Applies “Four Corners” Test Contract Law to Lease which Addresses Environmental Liability State of New York v. Robin Operating Corp. Case No. 93977 (N.Y. Supr. Ct. App. Div. Jan. 22, 2004). | |
January 2004: House Energy Bill’s MTBE Provisions: Industry “Gift Basket” or Congressional Apology? | |
December 2003: Texas Court of Appeals Invalidates “As-Is” Clause in Property Sales Contract when Underground Tank and Hazardous Waste Are Not Disclosed Phillip Nelson Jr. v. Adnan Ali Najm Case No. 01-02- 00451-CV (Tx. App. 1st Dist. Oct. 23, 2003). | |
October 2003: Massachusetts District Court Grants Summary Judgment to Seller of Contaminated Property in Action to Recover for Environmental Contamination American Fiber & Finishing, Inc., Trustee of American Fiber & Finishing, Inc. Realty Trust v. Tyco Healthcare Group, LP. ___F.Supp.2d ___, Case No. C.A. 01- 10294-GAO (D. Mass. July 28, 2003). | |
August 2003: Indiana Court of Appeal Finds Marketable Title to Real Property May Be Transferred Despite the Presence of Contamination Humphries v. Ables 789 N.E.2d 1025 (Ind. App. June 16, 2003. | |
July 2003: Fourth Circuit Limits Contractual Obligation of Gas Station Seller that Contracted to Remove USTs Harris, Inc. v. Kenyon Oil Co., Inc. ___F.3d___, Case No. 02-1957 (4th Cir. April 30, 2003) | |
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). | |
November 2002: California Court of Appeal Holds Evidence Sufficient to Support Judgment for Defendant in Underground Storage Tank Case Catanzaro v. Chevron U.S.A., Inc. ___Cal.App.4th___, unpublished opinion (1st Dist. Aug. 30, 2002) | |
August 2002: MTBE: The Science behind the Contaminant of the Decade | |
July 2002: Supreme Court of Utah Holds New Cause of Action Accrues Every Time Remediation Expense Is Incurred Pursuant to Underground Storage Tank Act Utah Dep't of Environmental Quality et. al. v. Redd et. al. 2002 Utah LEXIS 76 (S.C. Utah, May 17, 2002) | |
June 2002: Tanker Companies Must Reimburse State for Cost of Providing Alternate Water to Residents Due to Leaking USTs North Carolina v. Acme Petroleum ___F.3d___, Case No. 01-1665 (4th Cir. March 19, 2002). | |
May 2002: Wisconsin Court of Appeal Upholds Extensive Site Assessment after Removal of Unused USTs. G-Store, Inc. v. Department of Commerce Appeal No.01-1898 (Wis.App.,March 28,2002). | |
May 2002: Massachusetts Supreme Court Finds "Actual Knowledge" of Groundwater Contamination Is Required before State Statute of Limitations Begins to Run on Claim for Property Damage Taygeta Corporation v. Varain Associates, Inc. 436 Mass. 217 (Mass. March 7, 2002). | |
December 2001: Sixth Circuit Rules that Soil Remediation Expenses Should be Capitalized and Not Deducted United Dairy Farmers, Inc. v. United States, ___F.3d___, Case No. 003800 (6th Cir. Oct. 3, 2001). | |
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: North Carolina Court of Appeals Dismisses Declaratory Relief Action over Ownership of Underground Storage Tanks Carpenter v. Brewer Hendley Oil Company 549 S.E.2d 886, 2001 N.C.App. Lexis 653 (N.C. App. Aug. 7, 2001). |
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Uranium |
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VCM |
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Vinyl Chloride |
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Volatile Organic Compounds |
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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) | |
December 2006: CERCLA’s NRD Scheme Preempts State Remedy Designed to Achieve Something Other than the Restoration, Replacement, or Acquisition of the Equivalent of a Contaminated Natural Resource. State of New Mexico v. General Electric Company, ___F.3d___ 04-2191 (10th Cir. Oct. 31, 2006) | |
September 2005: District Court Holds it Has No Jurisdiction over Plaintiff’s Claims Attempting to Supplement EPA’s Chosen Remedial Alternatives North Pennsylvania Water Authority v. BAE Systems, et al., ___F.Supp.2d___ 04-4446 (E.D. Penn. July 19, 2005) | |
January 2005: Recent Investigations, Settlements, Penalties and Sanctions | |
December 2004: San Francisco Regional Water Quality Control Board Issues a Site Cleanup Order for the Former Oakland Army Base |
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Wastewater Discharges |
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Water Quality |
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February 2010: San Francisco Bay Mussels to be Utilized in NOAA Study for ‘Emerging Contaminants’ | |
August 2006: Proposed Federal Legislation Would Ban Dumping of Sewage into the Great Lakes within Twenty Years—H.R. 5734: The ‘Great Lakes Water Protection Act’ | |
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) | |
August 2006: Water Pollution in the Great Lakes Increased by 21 Percent from 1998 to 2002—Increased Pollution Came from both Canadian and U.S. Sources | |
January 2005: Sixth Circuit Finds EPA Rules on Discharge of Effluent from Mines Violate Effluent Provisions of Clean Water Act Citizens’ Coal Counsel v. U.S. Environmental Protection Agency, ___F.3d___ 02-3628 (6th Cir. Oct. 7, 2004) | |
January 2005: District Court in Washington Holds that CERCLA Applies to Pollution Originating in Canada that Migrates by River into the United States Pakootas v. Teck Cominco Metals, Ltd., ___F.Supp.2d___ CV-04-256-AAM (E.D. Wash. Nov. 8, 2004) | |
August 2003: Texas Legislature Considers Limiting Public Participation in Water Quality Permit Proceedings | |
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). | |
January 2003: State Decisions: California Court of Appeal Precludes Use of "Minimum Level" Standards Application to NPDES Permit Compliance under the Clean Water Act WaterKeepers Northern California, et al. v. California State Water Resources Contro Board ___Cal.App.4th___, Case No. AO94917 (1st Dist. Oct. 24, 2002). | |
October 2002: Your Worst Nightmare: Providing Safe Drinking Water from a Superfund Site | |
October 2002: Continuing Litigation and Administrative Processes Regarding Central Valley RWQCB’S Waiver of Waste Discharge Requirements for Agricultural Return Flows Waterkeepers Northern California, et al. v. CVRWQCB, Sacramento Superior Court Case No. 02CS00289. Regional Water Quality Control Board |
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Wetlands |
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Whistle Blowers |
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Zinc Oxide |
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April 2006: aaa aaa aaa | |
July 2005: North Coast Regional Water Quality Control Board Files Administrative Civil Liability Complaint against Georgia-Pacific Corporation Fort Bragg Lumber Mill | |
November 2002: Recent Investigations, Settlements, Penalties and Sanctions | |
May 2003: Tenth Circuit Finds that Successor Company Is Not Liable as an "Operator" or "Arranger" under CERCLA Raytheon Constructors Inc., v. Asarco, Inc. ___F.3d___, Case No. D.C. 96-N2072 (10TH Cir. March 11, 2003). | |
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: District Court Upholds CERCLA's Rarely Successful "Useful Product" Defense State of New York v. Solvent Chemical Company Inc ___F.Supp.2d___, Case No. 83-CV-1401-C (W.D. N.Y. 2002) |
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April 2010: 
July 2009: 
April 2005: 
May 2010: