In recent N.J. Federal Court decision,
US v. South Jersey Clothing Co, et. al, the District of New Jersey addressed a scenario to decide whether a decade-old consent decree and settlement between responsible parties and their insurers should be reopened…
On December 30, 2013, the USEPA amended the Standards and Practices for All Appropriate Inquiry Rule (“AAI”) which addresses the manner by which a prospective purchaser can assess the environmental conditions of a property in order to receive liability protections…
On January 10, 2014, the United States Supreme Court granted certiorari in
CTS Corporation v. Waldburger, a case involving an issue which has divided courts as to the effect on state statutes of repose of CERCLA’s preemptive federal provision…
The following are summaries of selected environmental decisions from 2012 focusingon New Jersey decisions, with some cases addressing other issues on a federal level.
New Jersey Spill Act
In NJDEP v. Dimant, 212 N.J. 153 (2012) the New Jersey Supreme …
On September 21, 2010, Judge Freda Wolfson of the U.S. District Court for New Jersey dismissed the claims of the United States against Rohm and Haas due to the limitations periods contained in CERCLA. The U.S. agreed that the suit…
On September 15, 2010, in
City of Emeryville v. Robinson, the U.S. Court of Appeals for the 9
th Circuit ruled that a prior settlement under CERCLA and California law between Sherwin-Williams and the City of Emeryville for the costs…
On August 13, 2011, the Federal District Court for the District of New Jersey continued to clarify the limits of Section 113 claims under CERCLA and also addressed common law claims of a subsequent property owner in
Queens West Development …
On September 29, 2010, in
FMC v. American Cyanamid consolidated with U.S. v FMC Corporation, Judge Cavanaugh of the U.S. District Court for New Jersey granted summary judgment to FMC Corporation ruling that the NJDEP had waived its right to…
In
United States v. Washington State Department of Transportation, the U.S. District Court in Washington recently held the Washington State Department of Transportation (WSDOT) liable as an “arranger” of the discharge of hazardous materials under CERCLA. The case involved a…
This is a summary of some of the significant decisions of 2011 in CERCLA and N.J Spill Act litigation. ( Some of the decisions were previously reviewed in this blog.)
CERCLA
Arranger and Operator Liability:
In
Nu-West Mining Inc. v. …