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MGKF Litigation Blog Blog

Articles: 1-10 of 190

New Jersey Court Holds Property Buyer’s Consent to Institutional Controls is Binding on Subsequent Buyer

USA - December 15 2021 What happens when a property owner agrees with a regulator and a prior owner/operator to accept a commercial-level clean-up with institutional…

District Court Addresses Definition of Disposal and Compliance with NCP in Ruling on CERCLA Summary Judgment Motions

USA - December 10 2021 On December 2, 2021, addressing issues related to the definition of “disposal” and compliance with the National Contingency Plan (“NCP”) in a claim…

First Circuit Distinguishes “Release” from “Disposal” in Affirming CERCLA Liability of Facility Owner

USA - November 23 2021 On November 17, 2021, the Court of Appeals for the First Circuit affirmed a decision of the lower court that the Puerto Rico Industrial Development…

New York Appellate Court Dismisses Claims Against Odorous Landfill Due To Narrow Scope Of State Law

USA - November 3 2021 When a homeowner misses trash day for months, piling up stinking bags of trash in the backyard, neighboring homeowners could presumably bring a…

Maryland District Court Holds That Acts Prior To Bankruptcy Discharged Defendant’s CERCLA Liability

USA - October 20 2021 On October 12, 2021, the United States District Court for the District of Maryland granted summary judgment to Defendant Schumacher & Seiler, Inc…

Sixth Circuit Holds that GE’s Sale of Railcars and Transformers to Railroad Does Not Give Rise to CERCLA Operator or Arranger Liability

USA - September 30 2021 The Sixth Circuit’s recent decision in American Premier Underwriters v. General Electric Company addressed the sometimes murky question under CERCLA…

Seventh Circuit Vacates Trial Court’s Decision to Apportion Liability from Commingled Groundwater Plume

USA - September 10 2021 On September 3, 2021, the United States Court of Appeals, Seventh Circuit, vacated the lower court’s determination that liability for remediating the…

United States is not Released From $65 Million WWII-Era Avgas Liability

USA - August 26 2021 On August 19, 2021, the U.S. Court of Federal Claims issued yet another decision rejecting the government’s effort to avoid responsibility for…

Second Circuit Holds CERCLA Claims Were Prudentially Ripe Despite Ongoing PRP Investigation by EPA

USA - August 24 2021 On Wednesday, August 18, 2021, the U.S. Court of Appeals for the Second Circuit vacated a district court order dismissing claims for violations of…

Res Judicata No Bar To Second Suit for Remediation Costs Incurred After Filing of First Complaint

USA - August 14 2021 On August 4, 2021, the U.S. Court of Appeals for the Federal Circuit rebuked the Government’s “overly technical” attempt under res judicata to avoid…