RESTORATION DAMAGES: Bidegaray’s order denying summary judgment for ARCO on Property Owners’ restoration damages claim related to the Anaconda Smelter Superfund site as barred by CERCLA and granting summary judgment for Property Owners on ARCO’s CERCLA preemption defenses affirmed on petition for supervisory control… opinion & order. [Read more…]
Jurisdiction, restoration plan “reactive” challenge
JURISDICTION declined over “reactive” request that environmental restoration plan proposed by landowners in pending State Court action be declared prohibited by CERCLA… Lynch/Morris. [Read more…]
Contamination, smelter, soil, summary judgment
ENVIRONMENTAL CONTAMINATION: Smelter soil contamination summary judgment rulings affirmed, reversed… Newman affirmed, reversed. [Read more…]
Right to know, tank pollution recoveries
RIGHT TO KNOW: Protective order denied in suit alleging fraudulent double recovery of tank pollution recovery funds… Sherlock. [Read more…]
Continuing tort, RR contamination, certified
CONTINUING TORT: Contamination that has stabilized as to quantity or concentration but continues to migrate will toll statute until harm no longer reasonably can be abated… certified question from Cebull. [Read more…]