The Ninth Circuit Court of Appeals vacated a District Court’s summary judgment in favor of the defendant in a contribution action under CERCLA, finding mining company Asarco timely brought a claim to recoup compensation from Atlantic Richfield. Asarco, LLC v. Atlantic Richfield Co., No.14-35723 (9th Cir., August 10, 2017). CERCLA § 113(f) provides that after…
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The United States District Court for the District of Columbia has ruled the Environmental Protection Agency does not have authority under the Clean Air Act to force companies that use hydrofluorocarbons (“HFCs”) in products like spray cans, automobile air conditioners and refrigerators to replace the HFCs with an EPA-approved alternative. The EPA enacted the rule…
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A West Virginia federal judge rejected a proposed $151 million deal reached by American Water Works and Eastman Chemical that would have settled class claims arising from a 2014 coal-processing chemical spill, but indicated the agreement is salvageable. Good et al. v. American Water Works Co. Inc. et al., Case No. 2:14-cv-01374, (S.D. W. Va., July…
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A New York Appellate Court has ruled a hazardous materials exclusion did not relieve an insurer of its obligation to defend a recycling plant operator from claims the Plant is spreading a foul odor. Hillcrest Coatings, Inc. v. Colony Ins. Co., 2017 NY App. Div. LEXIS 4519 (NY 4th Dept. June 9, 2017). The five-judge…
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The United States District Court for the Eastern District of New York has held that Defendants responsible for dumping hazardous waste in a town park are not liable under CERCLA because they did not know of the hazardous nature of the material dumped. Town of Islip v. Datre, 47 E.L.R. 20049 (E.D.N.Y. 2017). In 2013,…
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The United States Court of Appeals for the Fourth Circuit has ruled CERCLA’s discovery rule applies to toll West Virginia’s statutes of limitations only where the plaintiff has a viable CERCLA claim. Blankenship v. Consolidation Coal Company, et al., No. 15-2480 & 2482 (4th Cir., March 7, 2017). Section 9658 of CERCLA establishes a “federally…
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Chemours and DuPont, its former owner, have agreed to pay $671 million to resolve multidistrict litigation in Ohio federal court alleging DuPont improperly released cancer causing chemicals into the Ohio River. There were over 3,400 lawsuits in the multidistrict litigation pending against DuPont over the contamination. The case dates back to a 2001 class action,…
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An Ohio federal court jury recently awarded $10.5 million in punitive damages to a man who said DuPont’s chemical caused his cancer. Plaintiff alleged his drinking water was contaminated by C8, a chemical used to make Teflon, from smokestack emissions at DuPont’s Washington Works plant. The particles allegedly settled on the Little Hocking Water Association…
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In Ebert v. General Mills, 823 F.3d 472 (8th Cir. 2016), the United States Court of Appeals for the Eighth Circuit held the United States District Court of Minnesota’s entry of an Order certifying a proposed class of plaintiffs in an environmental pollution case was an abuse of discretion because “the class lacks the requisite commonality and cohesiveness…
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Between 1978 and 2002, PCS and its predecessor sent equipment to facilities in North Carolina for repairs. During the repairs, PCBs were released. In 2003, the EPA launched an investigation of the site. The EPA settled with potentially responsible parties following its investigation. In April, 2008, PCS put American Home on notice that it had…
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