A unanimous panel held that Asarco’s settlement in bankruptcy for its “share of response costs” did not preclude it from later bringing a CERCLA contribution claim....more
Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals.
On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more
8/1/2016
/ Air Pollution ,
Appeals ,
Arranger Liability ,
CERCLA ,
Contaminated Properties ,
Discharge of Pollutants ,
Hazardous Substances ,
Mineral Extraction ,
RCRA ,
Soil ,
Tribal Lands ,
Water Pollution
Decision allows landowners to challenge in court a US Army Corps of Engineers’ determination that a property is subject to regulation under the Clean Water Act....more
6/3/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Final Judgment ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Land Developers ,
Permits ,
Property Owners ,
SCOTUS ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The decision sets a high bar for proving intent to dispose of hazardous substances and may make it easier for a party alleged to be liable as an arranger under CERCLA to secure summary judgment. ...more
4/3/2015