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Time-Barred Claim . . . Or Is It? Supreme Court Agrees To Review Fourth Circuit State Statute of Repose Case

As reported on the Ogletree Deakins Environmental Law blog in July of 2013, a divided panel of the Fourth Circuit Court of Appeals held that the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA or...more

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

CERCLA Preempts State-Law Claims Arising Out Of Petroleum Contamination

In what appears to be a first, a federal district court has held that the “Petroleum Exclusion” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) preempts state-law contribution claims...more

Time-Barred Claim? Fourth Circuit Invalidates State Statute of Repose in Contamination Cases

On July 10, 2013, a divided panel of the Fourth Circuit Court of Appeals held that the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA or Superfund), the federal law redressing disposal of...more

PCS Nitrogen Inc. v. Ashley II of Charleston: Required Reading for Superfund Lawyers

The Fourth Circuit handed down a primer on CERCLA liability last week in PCS Nitrogen Inc. v. Ashley II of Charleston. It should be required reading for Superfund lawyers. The facts in the case are worthy of a law school law...more

District Court Judge Confirms Summary Judgment Victory for Policyholder Regarding the Duty to Defend and the Pollution Exclusion

In January, we reported on developments in Wiseman Oil Co. v. TIG Insurance, a case pending in the United States District Court for the Western District of Pennsylvania involving interpretation of the "pollution exclusions"...more

The United States Allocated 40% of Liability for Contamination Caused by a Contractor’s Manufacturing Operations

A recent decision by a federal court in the Central District of California found the United States liable for 40% of the response costs related to contamination from the manufacture of ammunition and rocket motors for the...more

The Intersection of Subrogation and Environmental Law — The Ninth Circuit’s Tyranny of Logic over Common Sense

In a decision that exalts casuistry over common sense, the Ninth Circuit recently held that an insurer who reimbursed $2.4 million in CERCLA response costs to its policyholder had no subrogation rights against the potentially...more

New EPA Guidance Gives Long-Term Tenants Direct Access to the Bona Fide Prospective Purchaser Defense and Greater Protection from...

Newly issued guidance by the U.S. Environmental Protection Agency (USEPA) suggests that prudent long-term tenants of commercial and industrial properties should conduct environmental due diligence before entering into a...more

U.S. EPA Issues New Guidance on Bona Fide Prospective Purchaser Defense for Tenants

The United States Environmental Protection Agency ("EPA") released revised guidance on the applicability of the bona fide prospective purchaser ("BFPP") defense to tenants under the Comprehensive Environmental Response,...more

EPA Revised Guidance Encourages Renewable Energy and Other Industry Development on Contaminated Properties

On December 5, 2012, the U.S. Environmental Protection Agency (EPA) issued revised guidance regarding whether lessees of contaminated or formerly contaminated property may claim protection from liability under the...more

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