News & Analysis as of

Chapter 11 Comprehensive Environmental Response, Compensation and Liability Act

Farella Braun + Martel LLP

A Familiar Name Among the Recent NPL Listings – the Now-Bankrupt Exide Technologies

Two more facilities previously owned by Exide Technologies appear on the National Priorities List (NPL), and are now among the highest priority facilities being targeted by EPA for cleanup under the Comprehensive...more

Beveridge & Diamond PC

2024 Litigation Look Ahead Series: Key Cases That Could Impact CERCLA Liability and Contribution Claims

Beveridge & Diamond PC on

B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part four covering Fifth Amendment takings cases here). In this edition, our litigation team examines various issues relating to...more

Rosenberg Martin Greenberg LLP

When Bankruptcy Law and Environmental Law Collide: Maryland District Court Holds That Confirmed Chapter 11 Plan Discharged Cleanup...

Filing a case under Chapter 11 of the United States Bankruptcy Code can be a powerful tool for a business facing crushing liabilities. Not only does the filing of a Chapter 11 invoke an automatic stay of all lawsuits pending...more

Burr & Forman

Toxins-Are-Us: Bankruptcy Treatment of Environmental Liabilities

Burr & Forman on

Since taking office, President Joseph R. Biden has confirmed his commitment to addressing environmental issues. On April 9, 2021, he proposed allocating $14 billion toward initiatives to fight climate change, including large...more

Lowenstein Sandler LLP

NJDEP Settlement Does Not Bar Contribution Action For USEPA Response Costs, Says Third Circuit

Lowenstein Sandler LLP on

On Sept. 8, in N.J. Department of Environmental Protection v. American Thermoplastics Corp., Nos. 18-2865 & 19-2243, slip op., -- F.3d -- (3d Cir. 2020), the U.S. Court of Appeals for the Third Circuit (Court of Appeals) held...more

Holland & Knight LLP

When Considering Bankruptcy, Don't Forget About Environmental Obligations

Holland & Knight LLP on

With economic downturn comes bankruptcy. It is often observed that the intersections between the U.S. Bankruptcy Code and environmental law can create conflict, because while many federal and state environmental statutes seek...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Superfund and Bankruptcy/Summary of Impacts, Issues and Risks Associated with PRP Bankruptcy: September 2018 Association of State...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) states that its Remedial Action Focus Group prepared a paper to: . . . assist states in identifying and addressing potential concerns...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

Sheppard Mullin Richter & Hampton LLP

Tenth Circuit Finds CERCLA Contribution Claim Not Barred by Bankruptcy Approval of a Settlement Estimating Liability for the Site

Asarco LLC v. Noranda Mining, Inc., 844 F.3d 1201 (10th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action, the Tenth Circuit ruled that a mining company, whose...more

Morgan Lewis

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

Morgan Lewis on

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

Perkins Coie

Environmental Liabilities in Oil & Gas Sales Under Bankruptcy Code Section 363

Perkins Coie on

Since the beginning of 2015, at least 77 companies in the oil and gas industry have sought bankruptcy relief in the United States. The flow of oil and gas company bankruptcies shows no sign of slowing down and, based on the...more

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