| 25-758 |
Moreland Properties LLC, a Colorado Limited Liability Company v. Goodyear Tire & Rubber Company, an Ohio Corporation, et al. |
Ninth Circuit |
2025-12-29 |
Pending |
Amici (1)Response RequestedResponse Waived |
cercla cost-recovery environmental-law national-contingency-plan private-party-cleanup substantial-compliance |
Whether a private party whose cleanup is reviewed and approved by a State enjoys a presumption of substantial compliance with the National Contingency… |
| 25A505 |
Moreland Properties LLC, a Colorado Limited Liability Company v. Goodyear Tire & Rubber Company, an Ohio Corporation, et al. |
Ninth Circuit |
2025-11-04 |
Application |
|
cercla cost-recovery environmental-cleanup national-contingency-plan state-regulators substantial-compliance |
Whether a state's approval of a private environmental cleanup action is sufficient to establish substantial compliance with the National Contingency P… |
| 23-687 |
MRP Properties Company, LLC, et al. v. United States |
Sixth Circuit |
2023-12-27 |
Denied |
Amici (1) |
cercla cercla-liability corporate-disclosure environmental-regulation environmental-regulations facility-operator operator-liability pollution-producing-activities statutory-interpretation waste-disposal waste-disposal-activities |
When analyzing whether an entity is a facility 'operator' under CERCLA, should courts consider pollution-producing activities that the entity managed,… |
| 23A286 |
MRP Properties Company, LLC, et al. v. United States |
Sixth Circuit |
2023-10-02 |
Presumed Complete |
|
CERCLA cost-recovery environmental-cleanup government-control hazardous-waste operator-liability |
Whether the United States qualifies as an 'operator' under the Comprehensive Environmental Response, Compensation, and Liability Act when it exercises… |
| 22-1207 |
Columbia Falls Aluminum Company, LLC v. Atlantic Richfield Company |
Ninth Circuit |
2023-06-13 |
Denied |
|
abuse-of-discretion cercla district-court environmental-response-costs equitable-allocation fourth-circuit judicial-review standard-of-review |
Whether a district court's equitable allocation of environmental response costs pursuant to Section 113(f)(1) of CERCLA is properly reviewed on appeal… |
| 22-465 |
Georgia-Pacific Consumer Products LP, et al. v. International Paper Company, et al. |
Sixth Circuit |
2022-11-16 |
Denied |
CVSGAmici (1)Relisted (2) |
cercla cercla-statute-of-limitations contribution contribution-action damages declaratory-judgment environmental-liability judicial-interpretation response-costs statute-of-limitations |
Does a bare declaratory judgment that determines liability but imposes no 'costs' and awards no 'damages' trigger CERCLA's three-year statute of limit… |
| 22-272 |
Livingston County Road Commission v. Gould Electronics, Inc. |
Sixth Circuit |
2022-09-22 |
Denied |
|
cercla cercla-liability due-care environmental-law groundwater-contamination innocent-landowner property-liability reasonable-steps statutory-defense statutory-interpretation third-party-defense |
How is the term 'due care' defined for purposes of the 42 U.S.C. §9607(b)(3) 'third-party defense' in relation to 'reasonable steps' in the substantia… |
| 22-126 |
Gould Electronics, Inc. v. Livingston County Road Commission |
Sixth Circuit |
2022-08-09 |
Denied |
Relisted (2) |
cercla cost-recovery environmental-liability expert-witness expert-witness-fees lobbying necessary-costs-of-response recovery regulatory-determination remedial-action tce-contamination |
Are fees paid to an expert witness and consultant for lobbying and testimony 'necessary costs of response' under CERCLA? |
| 21-1500 |
Residents of Gordon Plaza, Inc. v. LaToya Cantrell, in Her Official Capacity as Mayor of the City of New Orleans, Louisiana, et al. |
Fifth Circuit |
2022-05-31 |
Denied |
|
cercla citizen-suit comprehensive-environmental-response-compensation- consent-decree environmental-law epa-consent-decree operation-and-maintenance rcra removal-action resource-conservation-and-recovery-act |
Whether a liable party's operation and maintenance activities pursuant to an EPA consent decree constitute 'conducting a removal action' so as to bar … |
| 20-1337 |
APC Investment Co., et al. v. Howmet Aerospace Inc., fka Arconic, Inc., et al. |
Ninth Circuit |
2021-03-24 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
cercla civil-procedure common-law contribution contribution-claim environmental-law statute-of-limitations statutory-interpretation superfund |
Is the statutory claim for contribution in section 113 of CERCLA, including the statute of limitations found in section 1138(g)(3), governed exclusive… |
| 20-1142 |
Atlantic Richfield Company v. Asarco LLC |
Ninth Circuit |
2021-02-22 |
Dismissed |
Response RequestedResponse Waived |
bankruptcy cercla contribution contribution-claim environmental-liability judicial-settlement liability response-action settlement statutory-interpretation |
Whether a judicially approved settlement that conclusively determines a party's obligation to perform response actions 'resolves its liability' for 's… |
| 20-382 |
Territory of Guam v. United States |
District of Columbia |
2020-09-24 |
Judgment Issued |
Amici (3) |
cercla clean-water-act comprehensive-environmental-response-compensation- consent-decree contribution contribution-claim environmental-law environmental-liability judicial-settlement statute-of-limitations |
Whether a non-CERCLA settlement can trigger a contribution claim under CERCLA Section 113(f)(3)(B) |
| 19-917 |
Joslyn Manufacturing Company, LLC, et al. v. Valbruna Slater Steel Corporation, et al. |
Seventh Circuit |
2020-01-22 |
Denied |
|
cercla construction-threshold environmental-cleanup permanent-remedy remedial-action remedial-costs removal-costs statute-of-limitations |
Whether the six-year statute of limitations for 'remedial' work is triggered, as the court of appeals held below, only when the construction of a perm… |
| 18-1160 |
Teck Metals Ltd., fka Teck Cominco Metals, Ltd. v. The Confederated Tribes of the Colville Reservation, et al. |
Ninth Circuit |
2019-03-06 |
Denied |
Amici (3) |
arranger-liability cercla cercla-arranger-liability cross-border-pollution environmental-liability extraterritorial-application first-circuit-conflict first-circuit-split morrison-v-national-australia-bank personal-jurisdiction rjr-nabisco-v-european-community walden-v-fiore waste-disposal |
Whether the Ninth Circuit correctly concluded that holding Teck liable for its discharges in Canada was not an impermissible extraterritorial applicat… |