News & Analysis as of

Summary Judgment Hazardous Waste

Mitchell, Williams, Selig, Gates & Woodyard,...

Sale of Commercial Property: New Jersey Appellate Court Addresses Whether Remediation Contractor Owed Duty to Subsequent Property...

The Superior Court of New Jersey, Appellate Division (“Court”) addressed in a January 12th Opinion an issue relating to the environmental remediation of a commercial property. See Sunway Equity, LLC v. Suburban Propane, LP,...more

Downey Brand LLP

Ninth Circuit Finds that Distribution of Drinking Water Containing MCL-Compliant Levels of Hexavalent Chromium Gives Rise to RCRA...

Downey Brand LLP on

The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to...more

Lowenstein Sandler LLP

Second Circuit Clarifies Trigger Date For CERCLA Cost Recovery Statute Of Limitations

On July 23, in MPM Silicones, LLC v. Union Carbide Corp., No. 17-3468(L), 17-3669(XAP), slip op., -- F.3d -- (2d Cir. 2020), the U.S. Court of Appeals for the Second Circuit reversed the District Court’s dismissal of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Post-Closure/Landfill: North Carolina Appellate Court Addresses RCRA Compliance Issue

The Court of Appeals of North Carolina (“Court”) addressed in a January 7th opinion a Resource Conservation and Recovery Act (“RCRA”) closure issue. See State ex. rel. Regan v. Wasco, LLC, No. COA19-355, 2020 WL 63913 (N.C....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Substances/Bodily Injury Claim: New York Court Addresses Potential Liability of Engineering Inspection Subcontractor

The Supreme Court (Appellate Division) New York addressed in a March 7th decision whether a lower court properly granted summary judgment to a subcontractor performing engineering inspection services on a highway construction...more

Gray Reed

Would You Please Oversee the Company’s Environmental Cleanup Program? Oh Yeah, if it Fails, You’re Personally Liable

Gray Reed on

After setting up new locations in Texas, N. O. Smelz, owner of Smelz Rug Cleaning, obtained a hazardous waste permit from the Texas Commission on Environmental Quality for the disposal of the company’s cleaning chemicals...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

Blank Rome LLP

New Jersey’s Appellate Division Declines to Pierce Corporate Veil and Impose Personal Liability on Company Principal for Cleanup...

Blank Rome LLP on

Action Item: On January 14, 2016, the Appellate Division of the New Jersey Superior Court in New Jersey Dep’t of Envtl. Prot. v. Navillus Group, No. A-4726-13T3, 2016 N.J. Super. Unpub. LEXIS 77 (N.J. Super. Ct. App. Div....more

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