Eighth Circuit "clarifies" issues left unresolved in U.S. Supreme Court's Atlantic Research and Cooper Industries opinions

In 1983, the City sought to restore a long closed well for use as a drinking water resource. It received complaints re taste and odor. The State of Nebraska and EPA investigated, and ultimately the site was added to the NPL in 1986. EPA determined that the VOC contamination originated from seven source...

Under California's Polanco Act, owners of a right-of-way to property are not owners or operators for subsurface contamination they did not cause and had no duty to investigate

California's Polanco Act provides a powerful (some would say one sided) tool for Redevelopment Agencies to force the remediation of a site subject to redevelopment, or to cause PRP's to reimburse such agencies for the remedial cost outlays. [As an aside, it should be noted that Governor Brown...