Seth Jaffe

Seth Jaffe

Foley Hoag LLP

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When Does the Statute of Limitations Run on CERCLA Claims? No, Never? Well, Hardly Ever

In State of New York v. Next Millenium Realty, decided earlier this week, the 2nd Circuit Court of Appeals confirmed the wisdom of Gilbert and Sullivan. It is very difficult to blow the statute of limitations in CERCLA...more

10/21/2013 - CERCLA Contamination PRP Statute of Limitations

When Is An Arranger Not An Arranger? When It Sells Some Good Stuff Along With The Junk

As Superfund lawyers know, the Supreme Court decision in Burlington Northern required proof of an intent to dispose hazardous substances as a prerequisite to imposition of arranger liability. While lower courts have often...more

6/20/2013 - Arranger Liability CERCLA Environmental Liability Hazardous Substances SCOTUS Superfund

Which Is Worse? EPA Oversight or Citizen Oversight?

Everyone who represents PRPs in Superfund settlements has his or her own horror stories regarding the scope of EPA’s oversight cost claims. We all know that oversight costs can end up as an appreciable percentage of total...more

6/11/2013 - CERCLA Citizen Suits EPA Honeywell International PRP RCRA Rule 68 Superfund

Is CERCLA More Reasonable Than the Common Law? Only in California, I Hope

In Burlington Northern, the Supreme Court made clear that, in order to impose liability on a defendant as an “arranger” under Superfund for the sale of a product, the plaintiff must demonstrate that the defendant "must have...more

12/28/2012 - CERCLA Environmental Liability Negligence Nuisance Strict Liability Wastewater

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