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Comprehensive Environmental Response, Compensation and Liability Act Environmental Remediation Costs Remediation

Downey Brand LLP

U.S. Supreme Court Watch (ARCO v. Christian): Can Private Parties Sue For More Clean Up Than EPA Requires?

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The Supreme Court will hear oral arguments today, December 3, in a CERCLA case that could have ramifications for environmental law practitioners around the country. The case, Atlantic Richfield Co. v. Christian (“the...more

Williams Mullen

Superfund Neighbors Come Knocking

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A case currently pending before the United States Supreme Court may significantly impact legal rights of potentially responsible parties (PRPs) involved in the cleanup of Superfund Sites. The case was brought in Montana State...more

K&L Gates LLP

Tax Buyers Beware: Court Finds CERCLA Liability Following Tax Sale

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The Ninth Circuit Court of Appeals recently ruled that California was entitled to pursue its costs for remediating contaminated property from a buyer in a tax sale who took title to the property long after the contamination...more

Clark Hill PLC

CERCLA Trumps As-Is Sales

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A federal court in Alaska assessed responsibility against the City of Fairbanks (City) for remediation costs found necessary to clean up property it previously owned. The court concluded that the City should have mitigated...more

Williams Mullen

South Carolina Court Limits CERCLA Remedies

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The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up contaminated sites. 42...more

Robinson & Cole LLP

Superfund Divisibility Defense Gets New Life

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The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a federal law under which contaminated sites are identified and evaluated by the Environmental Protection...more

Blank Rome LLP

PRP in CERCLA Enforcement Action Saves Millions of Dollars with Successful Divisibility Defense

Blank Rome LLP on

Action Item: On March 15, 2015, the United States District Court for the Eastern District of Wisconsin in United States v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015), held that a potentially responsible party (“PRP”) at...more

Morgan Lewis

Ninth Circuit Widens Judges’ Discretion to Allocate CERCLA Contribution Damages

Morgan Lewis on

Trial court may select the method of accounting for prior settlement in allocating response costs among liable parties, but claims to recover settlement payments are limited to costs consistent with the National Contingency...more

Blank Rome LLP

Scanning The Post-Burlington Northern CERCLA Landscape

Blank Rome LLP on

Since the U.S. Supreme Court issued its landmark decision in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S. 599 (2009), holding that a party must “take intentional steps to dispose of a hazardous...more

Morgan Lewis

Fifth Circuit Relieves Company of "Arranger" Liability under CERCLA

Morgan Lewis on

In Vine Street LLC v. Borg Warner Corp., No. 07-40440, the Fifth Circuit held that, in light of the U.S. Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S. 599 (2009), BorgWarner...more

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