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Chapter 11 Potentially Responsible Party (PRP)

Tyson & Mendes LLP

A Seat at the Table: Supreme Court Rules Insurers Have a Right to Be “Heard on Any Issue” in Chapter 11 Cases

Tyson & Mendes LLP on

On June 6, 2024, the United States Supreme Court issued its long-awaited ruling in Truck Insurance Exchange v. Kaiser Gypsum Co., Inc., et al. The Court held an insurer with financial responsibility for claims in bankruptcy...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

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

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

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