EPA releases Draft Clean Water Strategy and seeks further comment.

On August 20, 2010, the EPA posted its Draft Clean Water Strategy for review and comment. The Draft resulted from the Coming Together for Clean Water Conference which was hosted by EPA Administrator Lisa P. Jackson this past April. The…


NJ Trial Court Rules against NJDEP on NRD claim for failure to prove compensable harm or loss.

In NJDEP v. Essex Chemical Corporation, a trial court of the New Jersey Superior Court recently ruled that the NJDEP had failed to prove that contamination to ground water resulted in compensable harm or loss entitling the State to an…


Remaining defendant is liable for past costs not covered by CERCLA consent decree.

In U.S. v. Iron Mountain Mines, the U.S. District Court for the Eastern District of California granted summary judgment to the plaintiffs against Iron Mountain Mines and T.W. Arman for past costs which had not been resolved in a…


9th Circuits holds owner of property at time cleanup costs are incurred is the owner under CERCLA

On July 22, 2010, in State of California v. Hearthside Residential Corp., the court addressed a question of first impression: “whether the ‘owner and operator status under [CERCLA] is determined at the time that cleanup costs are incurred or instead…


District Court holds the Statute of Limitations for NRD claims under CERCLA is triggered by constructive knowledge of injury by Trustee.

On July 13, 2010, in Commissioner of the Department of Planning and Natural Resources v. Century Alumina, LLC, et.al., the Federal District Court from the St. Croix division of the Virgin Islands, held that an action to recover natural resource…


Appellate Division rejects application of collective liability to claim related to oral polio vaccine.

On June 12, 2010, in Mereno v. American Home Products, Inc., the New Jersey Appellate Division affirmed the dismissal of a claim by Mark Moreno and his mother of defectively manufactured oral polio vaccine (OPV) which had been administered to…


9th Circuit Joins Other Circuits Allowing PRP to Challenge CERCLA Settlement

On June 2, 2010, in United States v. Aerojet, the Court of Appeals for the 9th Circuit allowed non-settling PRPs to intervene, by right, to challenge a CERCLA settlement. By this decision, the 9th circuit joined the 10…

CATEGORIES: Environmental Law

Demolition of home to allow for cleanup of contamination is not excluded from coverage due to owned property exclusion.

In the recent unreported decision, Proformance Insurance Co. v. Riggins, the New Jersey Appellate Division addressed a dispute between two insurers as to the responsibility to pay for the demolition of a home necessary for implementation of cost effective environmental…


3rd Circuit wrestles with the distinctions between Sections 107(a) and 113(f) of CERCLA

In the recent decision in Agere Systems, Inc, et. al. v. Advances Environmental Technologies, LLC, et. al., the 3rd Circuit Court of Appeals continued the discussion of the complex interaction between sections 107(a) and 113(f) of CERCLA. Agere involved…

CATEGORIES: Environmental Law

NJ App. Div. upholds $30 million mesothelioma judgment.

On April 5, 2010 the NJ in Buttitta v. Allied Signal, Inc. et.al. the Appellate Division affirmed the largest award in an asbestos/mesothelioma case in NJ. The jury awarded the plaintiff widow and family $8,000,000 for pain and suffering, $2,000,000…



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