VERDICT: Defense, alleged discharge of pollutants from golf course to navigable waters. [Read more…]
Claim preclusion, reclaimed wastewater discharge
CLAIM PRECLUSION: Suit alleging CWA violation by discharging reclaimed wastewater from snow guns precluded by consent order in prior suit under modified claim preclusion test, res judicata, release… Morris affirmed (memorandum). [Read more…]
Wastewater discharge, sewer district defense verdict
WASTEWATER DISCHARGE: Defense verdict in suit against water/sewer district alleging discharge of treated but polluted wastewater into Gallatin River without permit affirmed… dismissal of golf course that irrigates with the wastewater reversed… Morris affirmed, reversed. [Read more…]
Smelter contamination, landowners’ restoration damages
SMELTER CONTAMINATION: Landowners’ claim for restoration damages relating to discharge of arsenic and lead remanded to District Court following US Supreme Court’s allowing claim with EPA approval… order. [Read more…]
Restoration damages, landowners’ smelter contamination
RESTORATION DAMAGES: Landowners affected by smelter contamination are “potentially responsible parties” under CERCLA, need EPA approval to take independent remedial action… Montana Supreme Court affirmed as to jurisdiction, reversed on the merits. [Read more…]
Discovery, aluminum smelter CERCLA contribution
DISCOVERY: Motion by former owner of aluminum smelter to compel discovery responses including tax returns by current owner in CERCLA contribution case granted… $16,095.10 attorney fees awarded… Molloy. [Read more…]
Restoration damages, CERCLA preemption
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…]