http://www.lexisnexis.com/mealeys/news.aspx Headline Pollution Liability Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2011 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 17 reversed a federal judge in Louisiana's ruling in which he dismissed as moot an environmental group's claims that the discharges from three wastewater treatment plants operated by the city of Baton Rouge, La., and Parish of East Baton Rouge violated the Clean Water Act (CWA) because the group's suit was filed after the entry of a consent decree in which the defendants agreed to reduce the amount of pollutants in the facilities' discharges (Louisiana Environmental Action Network v. City of Baton Rouge, et al., No. 11-30549, 5th Cir.; 2012 U.S. App. LEXIS 7743; See June 2011, Page 11). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - An 11thCircuit U.S. Court of Appeals panel on April 30 affirmed a federal judge in Florida's decision to deny a request from the Miccosukee Tribe of Indians of Florida for more than $1.4 million in attorney fees after finding that the judge did not err in concluding that the tribe was not a prevailing party in a Clean Water Act (CWA) lawsuit against the federal government and South Florida Water Management District (SFWMD) (Friends of the Everglades, et al. v. South Florida Water Management District, et al., No. 11-15053, 11th Cir.; 2012 U.S. App. LEXIS 8721). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN JUAN, Puerto Rico - A federal judge in Puerto Rico on May 1 refused to dismiss claims in a Clean Water Act (CWA) lawsuit over storm water discharges from the Municipality of Arecibo regarding the town's failure to comply with an order from the U.S. Environmental Protection Agency and the agency's failure to diligently enforce the order (Water Quality Protection Coalition, et al. v. Municipality of Arecibo, No. 11-1593, D. Puerto Rico; 2012 U.S. Dist. LEXIS 61081). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank TRENTON, N.J. - A federal judge in New Jersey on April 30 dismissed a Clean Water Act (CWA) lawsuit filed by two environmental groups after finding that he lacked jurisdiction over the case because the administrator of the U.S. Environmental Protection Agency has discretion over deciding whether a number municipalities in New Jersey violated permits over storm water discharges (Delaware Riverkeeper Network, et al. v. United States Department of Environmental Protection, et al., No. 11-04302, D. N.J.; 2012 U.S. Dist. LEXIS 59888; See August 2011, Page 17). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HUNTINGTON, W.Va. - Four environmental groups filed suit in West Virginia federal court on May 9, claiming that two coal companies violated the Clean Water Act (CWA) by discharging levels of selenium in excess of levels allowed by National Pollutant Discharge Elimination System (NPDES) permits (Ohio Valley Environmental Coalition Inc., et al. v. Marfork Coal Company Inc., et al., No. 12-cv-01464, S.D. W.Va.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - The Louisiana federal judge overseeing the multidistrict litigation for claims arising from the explosion of the Deepwater Horizon rig and ensuing oil spill in the Gulf of Mexico gave preliminary approval for two separate class settlement agreements on May 2, one resolving certain economic and property damage claims and one resolving certain medical claims stemming from the cleanup response effort (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL 2179, No. 10-md-2179, E.D. La.; See March 2012, Page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - BP PLC and plaintiffs in the federal multidistrict litigation in Louisiana for claims arising from the explosion of the Deepwater Horizon rig and ensuing oil spill in the Gulf of Mexico jointly filed for preliminary court approval for two separate class settlement agreements on April 18; one resolving certain economic and property damage claims and one resolving certain medical claims stemming from the cleanup response effort (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL 2179, No. 10-md-2179, E.D. La.; See March 2012, Page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - The federal judge in Louisiana presiding over claims stemming from the April 20, 2010, explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico on May 3 reset the start date of the liability and limitation phase of the trial until January 2013 (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL 2179, Case No. 10-md-2179, E.D. La.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - The U.S. Department of Justice on April 24 announced that a former engineer for BP PLC was arrested for two counts of obstructing justice in the criminal investigation of the April 20, 2010, explosion of the Deepwater Horizon oil rig in the Gulf of Mexico for deleting text messages regarding the amount of oil flowing from the Macondo well following the accident (United States of America v. Kurt E. Mix, No. 12-47-MAG, E.D. La.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RICHMOND, Va. - An underlying complaint alleges that damages were the "natural and probable consequence" of an insured's intentional actions, the Virginia Supreme Court said April 20, upholding its finding that a commercial general liability insurer has no duty to defend the insured against underlying claims that excessive carbon dioxide emissions caused global warming that led to the degradation of an Alaska town (The AES Corp. v. Steadfast Insurance Co., No. 100764, Va. Sup.; 2012 Va. LEXIS 81; See February 2012, Page 21). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SACRAMENTO, Calif. - A federal judge in California on April 20 concluded that a defendant company in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) suit must pay a plaintiff company almost $10 million for response costs to clean up dense nonaqueous phase liquid tetrachloroethene (DNAPL PCE) contamination and pay half of future response costs (AmeriPride Services Inc. v. Valley Industrial Service Inc., No. S-00-113, E.D. Calif.; 2012 U.S. Dist. LEXIS 55983). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OKLAHOMA CITY - Defendants in a lawsuit seeking liability and response costs under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) can pursue claims for contribution from third parties, a federal judge in Oklahoma ruled April 27 in denying motions for judgment on the pleadings from the third parties (Tronox Worldwide LLC v. Atlantic Richfield Company, et al., No. CIV-07-1017-HE, W.D. Okla.; 2012 U.S Dist. LEXIS 59130). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - The U.S. Department of Justice (DOJ) on May 3 announced that the federal government, State of Ohio and 18 companies have reached an agreement wherein the companies would pay $5.5 million to resolve claims over natural resource damages to the Ashtabula River and Harbor that occurred as a result of discharges of hazardous waste for more than half a century (United States of America v. Cabot Corporation, et al., No. 12-cv-01097, N.D. Ohio). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DETROIT - A federal judge in Michigan on April 30 approved a consent decree in which the U.S. Department of Defense (DOD) will pay $5.6 million to the U.S. Environmental Protection Agency to reimburse the agency for cleanup costs it incurred at the Aircraft Components Inc. (ACI) Superfund site near Benton Harbor, Mich. (United States of America v. D&L Sales Inc., No. 11-1193, W.D. Mich.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank TUCSON, Ariz. - The U.S. Department of Justice on April 24 announced that Freeport-McMoRan Corp. and Freeport-McMoRan Morenci Inc. have agreed to pay $6.8 million to resolve claims from the federal government and the State of Arizona that the companies are liable for damages to natural resources as a result of releases from the Morenci copper mine (United States of America, et al. v. Freeport-McMoRan Corp.,et al, No. 12-cv-00307, D. Ariz.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SEATTLE - The U.S. Environmental Protection Agency and BNSF Railway Co. on April 12 reached an agreement in which the company will pay $37,500 to resolve an administrative action accusing it of violating the Resource Conservation and Recovery Act (RCRA) for the handling and transportation of soil containing the pesticide pentachlorophenol from a Superfund site in Oregon (In the Matter of BNSF Railway Company, Portland Oregon, No. RCRA-10-2012-0035, EPA). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WILMINGTON, Del. - A federal bankruptcy judge in Delaware on March 15 approved a $21 million settlement of claims by the United States for damage caused by jet fuel pipeline spills in Cape Cod, Mass., with part of the settlement payment coming from an allowed $7.4 million claim in the bankruptcy case of W.R. Grace & Co. (In re: W.R. Grace & Co., et al., No. 01-1139, D. Del. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2018%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WILMINGTON, Del. - W.R. Grace & Co. sought approval April 10 in its Chapter 11 bankruptcy case for a $2.2 million settlement with the United States for environmental remediation response costs at the site of a former vermiculite ore processing plant in Texas that is contaminated with asbestos (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2019%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SEATTLE - The U.S. Environmental Protection Agency announced May 8 that the Bremerton Gasworks site in Washington will be added to the Superfund national hazardous site cleanup list. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2020%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank VENTURA, Calif. - CVS Pharmacy Inc. on April 18 agreed to pay $14 million to resolve claims from 44 California district attorneys and city attorneys in Los Angeles and San Diego that the company violated California law in its handling and disposal of hazardous wastes over a seven-year period at hundreds of locations in the state, Ventura County District Attorney Gregory D. Totten announced (People of the State of California v. CVS Pharmacy Inc., No. 56-2012-00415450-CU-MC-VTA, Calif. Super., Ventura Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2021%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WACO, Texas - The Sierra Club filed a lawsuit in Texas federal court on April 30, claiming that an energy company's own records show that emissions from one of its power stations contain exhaust with particulate matter levels higher than those allowed by the Clean Air Act (CAA) (Sierra Club v. Energy Future Holdings Corp., et al., No. 12-cv-00108, W.D. Texas). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2022%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ABINGDON, Va. - A private action to secure clean potable water from a coal company under the federal Surface Mining Control and Reclamation Act (SMCRA) (30 U.S. Code Section 1270) survived a defense motion to dismiss for lack of subject matter jurisdiction on May 6 in the U.S. District Court for the Western District of Virginia (Jennie McCracken, et al. v. The Black Diamond Co., No. 11-73, W.D. Va.; 2012 U.S. Dist. LEXIS 63096). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2023%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SCRANTON, Pa. - Susquehanna County, Pa., residents seeking to recover for alleged contamination of their residential well water with hydraulic fracturing chemicals in the U.S. District Court for the Middle District of Pennsylvania were granted leave to file a third amended complaint to add four defendants in an order entered May 3 (Susan Berish, et al. v. Southwestern Energy Production Co., et al., No. 10-1981, M.D. Pa.; 2012 U.S. Dist. LEXIS 61943). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2024%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. LOUIS - A Missouri federal judge on April 23 granted summary judgment to an insurer after finding that broad pollution exclusion clauses in its policies protect it from having to defend a lead company in a toxic contamination lawsuit (The Doe Run Resources Corp. v. Lexington Insurance Co., No. 4:10-cv-2897 AGF, E.D. Mo.; 2012 U.S. Dist. LEXIS 56412). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2025%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LOS ANGELES - Excess insurers are not responsible for an insured's pollution cleanup costs imposed by the California Department of Toxic Substances, a California judge ruled May 2, granting the excess insurers' motion for summary judgment but finding that another insurer cannot avoid liability (Arrow Electronics Inc v. Aetna Casualty & Surety Company, et al., No. BC342044, Calif. Super., Los Angeles Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-8%20Mealey%27s%20Poll.%20Liab.%20Rep.%2026%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A group of six excess insurers filed a motion in New York federal court on April 27 to dismiss an electric company's claims related to the cleanup of toxic waste at a landfill, arguing that there was no triggering "occurrence" during the periods that their respective policies were active and, therefore, no coverage exists (The Narragansett Electric Co. v. American Home Assurance Co., et al., No. 1:11-cv-08299, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The U.S. Supreme Court on March 21 unanimously found that an Idaho couple could file a lawsuit challenging a compliance order issued by the U.S. Environmental Protection Agency under the Clean Water Act (CWA) because the order was a final agency action that could be reviewed under the Administrative Procedures Act (APA) (Chantell Sackett, et al. v. U.S. Environmental Protection Agency, No. 10-1062, U.S. Sup.; 2012 U.S. LEXIS 2320; See January 2012, Page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NORFOLK, Va. - A federal judge in Virginia on April 2 held that the Hampton Roads Sanitation Department (HRSD) should pay stipulated penalties for 10 sanitary sewage discharges (SSDs) in 2010 that violated the terms of a consent decree the department entered into with the U.S. government and State of Virginia because the discharges were not caused by events outside its control (United States of America, et al. v. Hampton Roads Sanitation Department, No. 09-cv-481, E.D. Va.; 2012 U.S. Dist. LEXIS 46984). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A federal judge in the District of Columbia on March 22 awarded summary judgment to a mining company after finding that the U.S. Environmental Protection Agency exceeded its authority when it modified a Clean Water Act (CWA) permit issued to the company that revoked the company's ability to discharge waste material into two tributaries (Mingo Logan Coal Company Inc. v. U.S. Environmental Protection Agency, No. 10-0541, D. D.C.; 2012 U.S. Dist. LEXIS 39967). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WHITE PLAINS, NY - The New York State Department of Environmental Conservation (DEC) on March 26 announced that Entergy Corp. has agreed to pay $1.2 million in civil penalties under the Clean Water Act (CWA) following an oil spill in the Hudson River in 2010 that was caused when a transformer exploded. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ALBANY, NY - New York's highest court on March 22 unanimously ruled that communications between the New York Department of Environmental Conservation (DEC) and the U.S. Environmental Protection Agency are not exempt from production under the state's Freedom of Information Law (FOIL) because the EPA is not considered an agency under the statute, nor is it the equivalent of an outside consultant (In the Matter of the Town of Waterford v. New York State Department of Environmental Conservation, No. 50, N.Y. App.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on March 26 reversed a final rule issued by the U.S. Environmental Protection Agency in which it disapproved amendments by the State of Texas to its permit program for pollution control projects (PCPs), after finding that the agency's action was untimely and an abuse of discretion (Luminant Generation Company, et al. v. U.S. Environmental Protection Agency, No. 10-60891, 5th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HOUSTON - A federal judge in Texas on March 28 ruled that although the Texas Campaign for the Environment (TCE) had standing to bring a Clean Air Act (CAA) lawsuit over emissions from the Fayette Power Project's (FPP) three coal-fired steam electric generating units, it could not pursue claims that the emissions were in excess of permits obtained by the owners and operators of the facility (Texas Campaign for the Environment v. Lower Colorado River Authority, No. H-11-791, S.D. Texas; 2012 U.S. Dist. LEXIS 42486). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The Sierra Club can pursue a citizen suit under the Clean Air Act (CAA) against the U.S. Environmental Protection Agency over its failure to implement regulations for emissions from brick, clay and ceramic manufacturing facilities by November 2000, a federal judge in the District of Columbia ruled March 27 (Sierra Club v. U.S. Environmental Protection Agency, No. 08-424, D. D.C.; 2012 U.S. Dist. LEXIS 41237). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DENVER - A federal judge in Colorado on March 30 found that the government's claims that a cement company violated the Clean Air Act (CAA) by failing to obtain preconstruction permits before modifying a kiln were timely because factual issues exist as to whether the company concealed from permitting authorities information about work done to the kiln that increased emissions (United States of America v. Cemex Inc., No. 09-cv-00019-MSK-MEH, D. Colo.; U.S. Dist. LEXIS 44459). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PITTSBURGH - A federal judge in Pennsylvania on April 4 dismissed a plaintiff company's claims under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and Resource Conservation and Recovery Act (RCRA) seeking contribution toward and recovery of response costs related to remediating contamination from an industrial site but allowed the plaintiff company to pursue claims under the Hazardous Sites Cleanup Act (HSCA) in state court (Trinity Industries Inc., et al. v. Chicago Bridge & Iron Company, No. 08-1709, W.D. Pa.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SPOKANE, Wash. - A federal judge in Washington on April 4 dismissed and awarded summary judgment to plaintiffs on a defendant company's defense that contamination at a site along the Upper Columbia River (UCR) was divisible among other companies in a cost recovery action under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) after finding that the company failed to present evidence that the harm from the site was capable of being divided (Joseph A. Pakootas, et al. v. Teck Cominco Metals Ltd., No. CV-04-256-LRS, E.D. Wash.; 2012 U.S. Dist. LEXIS 47889; See June 2011, Page 13). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank GREEN BAY, Wis. - A federal judge in Wisconsin on April 10 reversed an earlier ruling in which he denied Appleton Paper Inc.'s (API) request for summary judgment on the issue of liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) for cleanup of polychlorinated biphenyls (PCBs) in the banks of shorelines of waterways in Lower Fox River and Green Bay, after finding that a terms of a 1978 purchase agreement did not clearly establish whether the company could be found liable under the act (United States of America v. NCR Corporation, et al., No. 10-C-910, E.D. Wis.; 2012 U.S. Dist. LEXIS 49978; See November 2010, Page 30). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DAYTON, Ohio - A federal magistrate judge in Ohio on March 23 ruled that a current employee for a defendant company in a Comprehensive Environmental Response Compensation and Liability Act (CERCLA) lawsuit can be deposed, even though counsel for the plaintiff engaged in ex parte communications with him because the discussions did not progress after the attorney learned that the worker was involved with the disposal of hazardous waste at the plaintiff's facility (Hobart Corporation, et al. v. Waste Management of Ohio, et al., No. 10cv00195, S.D. Ohio; 2012 U.S. Dist. LEXIS 39841). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A settlement agreement between the U.S. Environmental Protection Agency and the Bureau of Indian Affairs (BIA) that was entered into under the Comprehensive Environmental Response, Compensation and Liability Act to determine what measures should be taken to remove contamination from radioactive wastes at two sites in Arizona bars a claim under the Resource Conservation and Recovery Act (RCRA) brought against the U.S government and a number of federal agencies, a Washington federal judge ruled March 19 (El Paso Natural Gas Company v. United States of America, No. 07-905, D. D.C.; 2012 U.S. Dist. LEXIS 38099). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OKLAHOMA CITY - Department of Defense contractors sued in the U.S. District Court for the Western District of Oklahoma were granted summary judgment in part on April 3 under the primary jurisdiction doctrine for Resource Conservation and Recovery Act private party endangerment clause claims in a suit brought for perchlorate contamination of groundwater (Mitchell McCormick, et al. v. Halliburton Co., et al., No. 11-1272, W.D. Okla.; 2012 U.S. Dist. LEXIS 46661). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ALBUQUERQUE, N.M. - A New Mexico-based coal company, its parent company and the operators of the San Juan Generating Station on March 28 agreed to pay $10 million to resolve a surface water and groundwater contamination lawsuit brought by the Sierra Club (Sierra Club v. San Juan Coal Company, No. 10-cv-00332, D. N.M.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A federal magistrate judge in Louisiana on March 30 severed and remanded a breach of contract action from the multidistrict litigation court for claims arising from the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico, after finding that the parties in the suit were not benefitting from the proceedings (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL 2179, Case No. 10-md-2179; Coastal Services Group LLC v. BP Company North America Inc., et al., No. 11-2891, E.D. La.; 2012 U.S. Dist. LEXIS 44604). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2018%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank TRENTON, N.J. - A New Jersey Superior Court Appellate Division panel on March 20 affirmed a state court judge's ruling that the New Jersey Department of Environmental Protection (NJDEP) and others failed to present evidence showing that they were entitled to primary restoration damages and compensatory resource damages under the New Jersey Spill and Control Act as a result of contamination at a site being remediated by Essex Chemical Corp. (New Jersey Department of Environmental Protection, et al. v. Essex Chemical Corporation, No. A-0367-10T4, N.J. Super., App. Div.; 2012 N.J. Super. Unpub. LEXIS 593). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2019%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BOSTON - Massachusetts Attorney General Martha Coakley on April 9 announced that Sunoco Inc. agreed to pay $2.2 million to settle claims under the False Claims Act that the company sought payment from a state fund for hazardous waste cleanup from underground storage tanks (USTs) while simultaneously seeking reimbursement from its insurers. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2020%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BOSTON - A Massachusetts man on April 2 agreed to clean up contamination from an oil spill that occurred on his property and pay $38,000 in civil penalties for his delay in remediating the site, the state's department of environmental protection announced (Commonwealth of Massachusetts v. James H. Pollack Jr., No. n/a, Mass. Super., Suffolk Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2021%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - A unanimous Seventh Circuit U.S. Court of Appeals panel on March 12 affirmed a declaratory judgment for insurers of the northern Illinois village accused of delivering water contaminated with perchloroethylene and other chemicals through a public water utility (Scottsdale Indemnity Co., et al. v. Village of Crestwood, et al., No. 11-2385 [consolidated], 7th Cir.; 2012 U.S. App. LEXIS 5069). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2022%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BALTIMORE - Because an insurer failed to prove that insured firefighters' response to a fire constituted remediation or removal within the meaning of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the insurer's claim for recovery under CERCLA must be dismissed, a Maryland federal judge said March 14 (American Alternative Insurance Co. v. Moon Nurseries Inc. et al., No. 11-02267, D. Md.; 2012 U.S. Dist. LEXIS 34354). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2023%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - A Georgia federal judge on March 27 dismissed an insurer's claim pertaining to the duty to indemnify its insureds in an underlying suit seeking damages under the Clean Water Act because the issue is not ripe for adjudication as the underlying suit is pending (Auto-Owners Insurance Co. v. Deerlake Homeowners Association Inc., et al., No. 11- 215, N.D. Ga.; 2012 U.S. Dist. LEXIS 41865). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2024%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - An Ohio federal judge on March 12 dismissed a negligence claim and a claim for declaratory judgment against an insurance broker after determining that the insured, seeking coverage for an oil spill, failed to allege facts in support of the claims (Momentive Specialty Chemicals Inc. v. Chartis Specialty Insurance Co. et al., No. 11-00583, S.D. Ohio; 2012 U.S. Dist. LEXIS 32211). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2025%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NASHVILLE, Tenn. - Insurers have no duty to defend their insured against an underlying environmental contamination suit because the underlying suit does not allege that the contamination was the result of sudden or accidental conduct, a Tennessee federal judge said March 14 (Interstate Packaging Co. v. Century Indemnity Co. et al., No. 11-cv-00589, M.D. Tenn.; 2012 U.S. Dist. LEXIS 35416). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-7%20Mealey%27s%20Poll.%20Liab.%20Rep.%2026%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank INDIANAPOLIS - Because questions of fact exist regarding when an insured had knowledge of environmental contamination at his gas station, a trial court erred in granting summary judgment in favor of an insurer, the Indiana Court of Appeals said March 16 (Indiana Farm Bureau Insurance Co. et al., v. Harleysville Insurance Co., No. 43A04-1109-PL-507, Ind. App.; 2012 Ind. App. LEXIS 108). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - BP PLC and plaintiffs in the federal multidistrict litigation court in Louisiana for claims arising from the explosion of the Deepwater Horizon rig and ensuing oil spill in the Gulf of Mexico reached an agreement March 2 wherein the company would pay $7.8 billion to resolve claims seeking compensation for economic loss and personal injuries, the company announced (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL 2179, Case No. 10-md-2179, E.D. La.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - The federal judge in Louisiana overseeing the multidistrict litigation for claims arising from the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico on Feb. 26 delayed the start of the trial so parties could proceed with settlement discussions (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL 2179, Case No. 10-md-2179, E.D. La.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - MOEX Offshore 2007 LLC has agreed to pay $90 million to resolve liability and pay civil penalties under the Clean Water Act (CWA) to settle claims asserted against it by the government and five states over the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico, the U.S. Department of Justice (DOJ), U.S. Coast Guard and the U.S. Environmental Protection Agency announced Feb. 17 (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL 2179, Case No. 10-md-2179, United States of America v. BP, Plc., et al., No. 10-4536, E.D. La.; See January 2011, Page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - The federal judge in Louisiana presiding over litigation stemming from the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico held Feb. 22 that BP PLC and Andarko Petroleum Co. are liable for civil penalties under the Clean Water Act (CWA) because they are both owners of the Macondo well, from which the oil was being discharged (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL 2179, Case No. 10-md-2179; United States of America v. BP Plc., et al., No. 10-4536, E.D. La.; See January 2011, Page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - BP Exploration & Production Inc. and its related entities on March 2 filed a notice of appeal to the Fifth Circuit U.S. Court of Appeals challenging a federal district court's ruling that Transocean Offshore Deepwater Drilling Inc. was not required to name BP as an additional insured under its policies as to the oil pollution risks pertaining to the Deepwater Horizon incident (In Re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010, No. 2179, E.D. La.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A worker injured in the explosion of the 2010 Deepwater Horizon oil rig in the Gulf of Mexico moved to dismiss her claims with prejudice on Feb. 20, contending that the claims have been "amicably settled and fully compromised" (In re: Oil Spill By The Oil Rig "Deepwater Horizon" In the Gulf Of Mexico, On April 20, 2010, No. 10-2179, E.D. La.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A worker injured in the 2010 explosion of the Deepwater Horizon oil rig in the Gulf of Mexico moved to remand his claims to a Texas state court on Feb. 21, contending that his case has been held up by being part of MDL 2179 (In re: Oil Spill By The Oil Rig "Deepwater Horizon" In the Gulf Of Mexico, On April 20, 2010, No. 10-2179, E.D. La.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - The federal magistrate judge in Louisiana overseeing discovery in the multidistrict litigation for claims arising from the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico on Feb. 16 ruled that counsel for plaintiffs cannot cross-examine witnesses about a post-incident investigation conducted by BP PLC because the information is privileged (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL 2179, Case No. 10-md-2179, E.D. La.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A panel of the Federal Circuit U.S. Court of Appeals on March 7 reversed a Federal Claims Court judge's ruling ordering the U.S. government to pay $68 million to Shell Oil Co. and Atlantic Richfield Co. (ARCO) for cleanup costs under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) after finding that the judge erred by not recusing himself from the case (Shell Oil Company, et al. v. United States of America, No. 2010-5161, U.S. App., Fed. Cir.; See July 2010, Page 19). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - A federal magistrate judge in Alabama did not err in finding that a consent decree entered into between plaintiff companies and the U.S. government barred the companies' claim for cost recovery under Section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), an 11th Circuit U.S. Court of Appeals panel ruled March 6 in affirming an award of summary judgment to the defendants (Solutia Inc., et al. v. McWane Inc., et al., No. 10-15639, 11th Cir.; See September 2003, Page 29). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - A federal judge in California on Feb. 10 allowed Asarco LLC to file a second amended complaint in which it clarified its claim for contribution under the Comprehensive Environmental Response, Compensation and Liability Act against Union Pacific Railroad Co. (Asarco LLC v. Shore Terminals LLC, et al., No. C 11-01384, N.D. Calif.; 2012 U.S. Dist. LEXIS 16554). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BOSTON - A First Circuit U.S. Court of Appeals panel on Feb. 29 upheld a ruling that the U.S. Environmental Protection Agency could seek $1.3 million from General Electric Co. in future response costs incurred in cleaning up the Fletcher Paint Works and Storage Facility Superfund site in Milford, N.H., because the agency's claim was not time-barred by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (United States of America v. General Electric Company, No. 11-1034, 1st Cir.; 2012 U.S. App. LEXIS 4148; See January 2011, Page 13). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LAS CRUCES, N.M. - A federal judge in New Mexico on Feb. 21 signed off on a consent decree in which Freeport-McMoRan Corp., a copper mining company, agreed to pay $5.5 million to clean up and remediate three sites where it conducted operations in order to resolve a lawsuit brought by the U.S. Department of the Interior and State of New Mexico (United States of America, et al. v. Freeport-McMoRan Corp., et al., No. 11-cv-1140, D. N.M.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A panel of the District of Columbia Circuit U.S. Court of Appeals on Feb. 24 affirmed a final rule issued by the U.S. Environmental Protection Agency concerning air quality standards in Utah after finding that the agency's decision was neither arbitrary nor capricious (ATK Launch Systems Inc. v. Environmental Protection Agency, No. 10-1004, D.C. Cir.; 2012 U.S. App. LEXIS 3693). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WICHITA, Kan. - Coffeyville Resources Refining & Marketing LLC (CRRM) has agreed to pay $970,000 in civil penalties over emissions from its refinery, invest $4.25 million on new pollution controls and spend $6.5 million in operating costs to resolve allegations that it violated the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), Clean Air Act (CAA) and Kansas' right-to-know law, the U.S. Environmental Protection Agency and U.S. Department of Justice announced March 6 (United States of America v. Coffeyville Resources Refining & Marketing LLC, et al., No. 04-cv-1064, D. Kan.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DENVER - A $1.05 million damages award and $341,406 in attorney fees given to BP Pipelines (North America) Inc. in a suit brought against a construction company that cracked an underground pipeline while burying telephone cable in Oklahoma was affirmed Feb. 23 by a 10th Circuit U.S. Court of Appeals panel, which found that a settlement between the parties and landowners in a separate state court action did not preclude BP from seeking damages for remediation (BP Pipelines [North America] Inc., et al. v. C.D. Brown Construction Inc., et al., Nos. 09-5081, 10-5087, 10th Cir.; 2012 U.S. App. LEXIS 3598). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MINNEAPOLIS - A federal judge in Minnesota on March 2 awarded summary judgment to the U.S. government after finding that a man's logging activities, which converted 28 acres of wetlands dominated by woody vegetation to exposed soils, violated the Clean Water Act (CWA) because he did the work without a permit (United States of America v. Russ Huseby, et al., No. 09-3737, D. Minn.; 2012 U.S. Dist. LEXIS 27788). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2018%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. LOUIS - A federal judge in Missouri on March 2 awarded summary judgment to the U.S. Environmental Protection Agency in a Freedom of Information Act (FOIA) suit after finding that it properly asserted the deliberative process privilege over documents generated during its decision to establish new water quality standards under the Clean Water Act (CWA) (Metropolitan St. Louis Sewer District v. U.S. Environmental Protection Agency, No. 10-CV-2103, E.D. Mo.; 2012 U.S. Dist. LEXIS 27902). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2019%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PRESCOTT, Ariz. - A federal judge in Arizona on Feb. 21 denied a request for attorney fees and costs by defendants in a Resource Conservation and Recovery Act (RCRA) suit after finding that they were not completely successful in the case because the federal claim was dismissed without prejudice and because no ruling was entered regarding the state law causes of action (Daniel Felix, et al. v. Pic-N-Run Inc., et al., No. 09-CV-8015-PCT-JAT, D. Ariz.; 2012 U.S. Dist. LEXIS 20918). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2020%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WHITE PLAINS, NY - A federal judge in New York on March 1 dismissed a New York town's private nuisance claim against an office furniture manufacturing company but allowed the town to pursue claims for strict liability after finding that the company's use of solvents as a degreaser constituted an ultrahazardous activity (Town of New Windsor v. Avery Dennison Corp., et al., No. 10-CV-8611, S.D. N.Y.; 2012 U.S. Dist. LEXIS 27264). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2021%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MINEOLA, NY - A New York trial court justice on Feb. 6 dismissed a landlord's lawsuit seeking recovery of remediation costs for environmental contamination caused by a former tenant's underground storage tanks (USTs) after finding that two releases the tenant entered into with a third party released the defendant from liability (Burside 711 v. Amerada Hess Corp., No. 011625/11, N.Y. Sup., Nassau Co.; 2012 N.Y. Misc. LEXIS 779, 2012 N.Y. Slip Op 30419U). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2022%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BOISE, Idaho - An insurer has a duty to defend an insured for an environmental contamination claim because there is a potential that property damage occurred during the relevant policy periods, an Idaho federal judge said Feb. 13 in denying the insurer's motion for reconsideration (Huntsman Advanced Materials LLC v. OneBeacon America Insurance Co., et al., No. 08-229, D. Idaho; 2012 U.S. Dist. LEXIS 19053). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2023%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PORTLAND, Ore. - Insurers named as third-party defendants have a duty to defend their insureds against an underlying environmental contamination suit because the underlying suit alleges facts sufficient enough to trigger the duty to defend, an Oregon federal magistrate judge said Jan. 27 (Century Indemnity Co. v. The Marine Group LLC et al., No. 08-1375, D. Ore.; 2012 U.S. Dist. LEXIS 9822). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-6%20Mealey%27s%20Poll.%20Liab.%20Rep.%2024%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A New York justice on Feb. 29 granted an insured's motion to amend its environmental contamination coverage complaint to add a bad faith claim because the insured presented sufficient evidence to allege the claim under New York law (Estee Lauder Inc. v. OneBeacon Insurance Group LLC, et al., No. 602379/05, N.Y. Sup., New York Co.; See March 2011, Page 25).