Environmental Bankruptcy Civil Procedure

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Tenth Circuit: Asarco’s Settlement in Bankruptcy Proceeding Does Not Bar CERCLA Contribution Claim

A unanimous panel held that Asarco’s settlement in bankruptcy for its “share of response costs” did not preclude it from later bringing a CERCLA contribution claim....more

Tenth Circuit: Judicial Estoppel Should Not Bar Asarco’s Latest Claims for Cost Recovery At CERCLA Mining Site

On January 3, the U.S. Court of Appeals for the Tenth Circuit issued a ruling reversing the district court’s decision that Asarco could not proceed with its claims for cost recovery at a Utah Comprehensive Environmental...more

Mark IV Ruling: District Court Affirms Bankruptcy Court’s Denial of Discharge of Environmental Obligations

Last month, District Court Judge Shira A. Scheindlin of the Southern District of New York affirmed a bankruptcy court ruling which held that the environmental cleanup obligations of debtor Mark IV Industries, Inc. were not...more

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