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Mealey's Pollution Liability

  • May 8, 2018

    Dismissal Of Man’s Clean Water Act Suit Upheld By 4th Circuit

    RICHMOND, Va. — A federal judge in Maryland did not err when dismissing a man’s lawsuit accusing a funeral home of allegedly violating the Clean Water Act (CWA) by not obtaining the required permit, a Fourth Circuit U.S. Court of Appeals panel ruled May 7, finding that the plaintiff’s only sufficient allegation was based on a past violation that cannot form the basis of a CWA citizen suit because the defendant obtained a permit before the suit was filed (Alan J. Schneider v. Donaldson Funeral Home P.A., et al., No. 17-1183, 4th Cir., 2018 U.S. App. LEXIS 11884).

  • May 8, 2018

    4th Circuit Upholds Shipping Companies’ Convictions Over Illegal Discharges

    RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel on May 7 affirmed the convictions of two shipping companies accused of being vicariously liable for the two head crew members’ obstruction of justice, failure to accurately maintain a ship’s Oil Record Book and making false statements to the U.S. Coast Guard because the employees were acting on behalf of the companies and because the companies were aware that the Oil Record Book was not being maintained accurately (United States of America v. Oceanic Illsabe Ltd., No. 17-4061, United States of America v. Oceanfleet Shipping Ltd., No. 17-4062, 4th Cir., 2018 U.S. App. LEXIS 11877).

  • May 3, 2018

    Pipeline Company To Pay $1.9M For Violating Consent Decree

    DETROIT — A Canadian pipeline company on May 2 agreed to pay $1.9 million for violating the terms of a $177 million agreement entered in 2016 that required the company to allow the U.S. Environmental Protection Agency to inspect one of its pipelines to ensure that it complies with the Pipeline and Hazardous Materials Safety Administration’s standards (United States v. Enbridge Energy L.P., et al., No. 16-cv-914, W.D. Mich.).

  • May 3, 2018

    Residents Sue Remediation Company For Falsifying Soil Samples From Superfund Site

    SAN FRANCISCO — One hundred forty-nine residents who live near a Superfund site in San Francisco sued an environmental remediation company in California state court May 1, claiming that the company falsified soil samples during its alleged cleanup of the property and that its failure to fully complete the work it was paid $1.1 billion to do has led to higher rates of breast and cervical cancer and asthma (Bayview Hunters Point Residents, et al. v. Tetra Tech Inc., et al., No. CGC-18-566188, Calif. Super., San Francisco Co.).

  • May 2, 2018

    Tax-Sale Purchaser Still Liable For Cleanup Costs, 9th Circuit Says

    PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel ruled April 27 that a company that purchased a contaminated site through a tax sale cannot shield itself from third-party liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) because it had a contractual relationship with the company that formerly owned the site (California Department of Toxic Substances Control v. Westside Delivery LLC, No. 16-56558, 9th Cir., 2018 U.S. App. LEXIS 10763).

  • May 2, 2018

    Municipalities Tell 9th Circuit Energy Companies Cannot Appeal Remand Ruling

    SAN FRANCISCO — Two California counties and the city of Imperial Beach told the Ninth Circuit U.S. Court of Appeals on April 30 that a number of energy companies accused of withholding information about the relationship between fossil fuels and climate change cannot appeal a federal judge’s order remanding their suits, explaining that the decision does not involve a controlling question of law and will not lead to the termination of the litigation (San Mateo v. Chevron Corp., et al., No. 18-80049, 9th Cir.).

  • May 1, 2018

    Group’s Suit Against Waste Transfer Station Remanded By Federal Judge

    BROOKLYN, N.Y.— A community group’s lawsuit against a solid waste transfer station was remanded by a federal judge in New York on April 27 after the judge found that the group’s allegations are not subject to federal jurisdiction because they do not implicate the Resource Conservation and Recovery Act (RCRA) (Cleanup North Brooklyn, et al. v. Brooklyn Transfer LLC, et al., No. 17-cv-05621, E.D. N.Y., 2018 U.S. Dist. LEXIS 71256).

  • April 30, 2018

    Storm Water Qualifies As A Pollutant, 11th Circuit Panel Says In Affirming

    ATLANTA — No coverage is owed to an insured seeking coverage for an underlying suit alleging property damages as a result of storm water runoff because the policy’s pollution exclusion clearly bars coverage for storm water, which qualifies as a pollutant under the exclusion, the 11th Circuit U.S. Court of Appeals said April 27 (Centro Development Corp. v. Central Mutual Insurance Co., No. 17-13489, 11th Cir., 2018 U.S. App. LEXIS 10909).

  • April 30, 2018

    Judge Finds Defendants Are Corporate Successors To Mining Companies

    DENVER — A federal judge in Colorado on April 18 granted the federal government’s early motion for summary judgment, finding that two defendant companies in a cost-recovery action brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are corporate successors to mining companies that conducted operations at the Commodore Waste Rock Pile Superfund site (United States v. Pioneer Natural Resources Co., et al., No. 17-cv-0168-WJM-NYW, D. Colo., 2018 U.S. Dist. LEXIS 65256).

  • April 25, 2018

    Company To Pay Penalty, Complete Environmental Projects Over Emissions

    PITTSBURGH — MarkWest Liberty Midstream & Resources LLC and Ohio Gathering Co. LLC (collectively MarkWest) on April 23 agreed to pay a $691,000 civil penalty and complete three environmental projects to resolve allegations from the federal government, state of Pennsylvania and the Pennsylvania Department of Environmental Protection for excessive emissions of volatile organic compounds  (VOCs) from two of its facilities, according to a complaint and consent decree filed in Pennsylvania federal court (United States, et al. v. MarkWest Liberty Midstream & Resources LLC, et al., No. 18-cv-520, W.D. Pa.).

  • April 24, 2018

    5th Circuit Denies CITGO’s Petition For En Banc Review Of $81M Penalty

    NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on April 20 denied CITGO Petroleum Corp.’s request for an en banc review of a Feb. 14 ruling in which it found that the company’s objections to the imposition of an $81 million civil penalty under the Clean Water Act (CWA) for a 2006 oil spill lacked merit (United States of America v. CITGO Petroleum Corp., No. 16-30515, 5th Cir.).

  • April 23, 2018

    Groups’ 3rd Suit Over Discharges Not Subject To Claim Preclusion, Judge Says

    CHARLESTON, W.Va. — A federal judge in West Virginia on April 17 denied Fola Coal Co. LLC’s motion to dismiss a third lawsuit brought by environmental groups over discharges from two areas of its mine, finding that the allegations are not subject to the doctrines of collateral estoppel or res judicata (Ohio Valley Environmental Coalition, et al. v. Fola Coal Company LLC, No. 17-3013, S.D. W.Va., 2018 U.S. Dist. LEXIS 64188).

  • April 20, 2018

    Excess Insurer Owes More Than $55M For Environmental Contamination Claims

    NEW YORK — A New York federal judge on April 18 determined that an excess insurer owes its insured more than $55 million for environmental contamination costs incurred by the insured after an offset of approximately $2.6 million is applied based on the insured’s global settlement with its other insurers (Olin Corp. v. Lamorak Insurance Co., et al., No. 84-1968, S.D. N.Y., 2018 U.S. Dist. LEXIS 65446).

  • April 20, 2018

    Government To Pay $51M To Boeing For Cleaning Up Washington Superfund Site

    SEATTLE — The federal government agreed to pay $51 million to Boeing Co. to reimburse the company for the more than $220 million it has spent remediating contamination at a Superfund site in Washington, according to documents filed April 18 in a Washington federal court (Boeing Co. v. United States, No. 18-cv-567, W.D. Wash.).

  • April 19, 2018

    2 Colorado Municipalities, City Sue Exxon, Others Over Climate Change

    BOULDER, Colo.— Two municipalities in Colorado and the city of Boulder on April 17 sued Exxon Mobil Corp., Suncor Energy (USA) Inc. and two of its subsidiaries in Colorado state court, contending that the companies failed to disclose to consumers their knowledge that burning fossil fuels contributes to global warming and climate change (Board of County Commissioners of Boulder County, et al. v. Suncor Energy [USA] Inc., et al., No. n/a, Colo. Dist., Boulder Co.).

  • April 17, 2018

    Mobile Home Park Owners Cannot Seek Future Remediation Costs, Judge Rules

    SAN DIEGO — The owners of three mobile home parks cannot seek to recover future remediation costs to clean up contamination at their properties caused by the migration of hazardous substances from an adjoining property, a federal judge in California ruled April 12, finding that California law bars the recovery of the damages (Greenfield MHP Associates LP, et al. v. Ametek Inc., et al., No. 15-cv-01525-GPC-AGS, S.D. Calif., 2018 U.S. Dist. LEXIS 62407).

  • April 16, 2018

    Judge: Third Party Had Proper Permits, Not Liable For Groundwater Contamination

    PITTSBURGH — A federal judge in Pennsylvania on April 13 dismissed charges against a third-party plaintiff in a lawsuit brought by an environmental group that contends that glass-polishing activities contributed to local groundwater contamination.  The glass manufacturer sued the third party, contending that it shared liability, but the judge said the third party produced evidence that it possessed the proper permits to conduct its operations (PennEnvironment, et al. v. PPG Industries Inc., et al. v. AS America Inc., et al., No. 12-342, W.D. Pa.).

  • April 13, 2018

    Massachusetts High Court Allows Attorney General’s Investigation Of Exxon Mobil

    BOSTON — A panel of the Supreme Judicial Court of Massachusetts on April 13 affirmed a lower court judge’s ruling denying Exxon Mobil Corp.’s request to quash the state’s attorney general’s civil investigative demand (CID) for documents related to the company’s knowledge about fossil fuels and climate change, finding that she has personal jurisdiction over the case because the company has rights to control more than 300 retail franchisees in the state (Exxon Mobil Corp. v. Attorney General, No. SJC-12376, Mass. Sup.).

  • April 12, 2018

    Split 4th Circuit: Groups Have Valid Claim For Water Tainted By Ruptured Pipeline

    RICHMOND, Va. — A divided panel of the Fourth Circuit U.S. Court of Appeals on April 12 vacated and remanded a ruling by a district court, concluding that conservation groups have a valid claim against a company whose pipeline leaked 369,000 gallons of gasoline into local groundwater and other water sources (Upstate Forever, et al. v. Kinder Morgan Energy Partners LP, et al., No. 17-1640, 4th Cir.).

  • April 12, 2018

    Judge Tosses Couple’s Suit Saying Demolition Caused PCB Contamination, Injuries

    MADISON, Wis. — A federal judge in Wisconsin on March 30 awarded summary judgment to defendants in a lawsuit brought by a couple alleging that demolition of an industrial facility on a nearby property caused their land to be contaminated with polychlorinated biphenyls (PCBs), finding that the plaintiffs failed to produce any evidence to show that the contamination occurred as a result of the demolition (William Liebhart, et al. v. SPX Corp., et al, No. 16-cv-700-jdp, W.D. Wis., 2018 U.S. Dist. LEXIS 54994).