Cleanup Doctrine

News & Analysis as of

US Appeals Court Lights A Match On Issue Of Government Reimbursement For WWII Aviation Gasoline Waste Disposal

Two weeks ago the United States Court of Appeals, Federal Circuit re-opened the door to recovery of Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") cleanup costs under contractual provisions...more

Darby Emerging Markets Fund, L.P. v. Ryan, C.A. No. 8381-VCP (Nov. 27, 2013) (Parsons, V.C.)

In this memorandum opinion, the Court denied defendants’ motion to dismiss for lack of subject matter jurisdiction and failure to state a claim, holding that, under the equitable cleanup doctrine, the Court had jurisdiction...more

EPA Provides Comfort to Prospective Tenants at Contaminated Properties

Revised guidance details how tenants may benefit from the bona fide prospective purchaser protections under CERCLA. The U.S. Environmental Protection Agency (EPA) on December 5 issued revised guidance that addresses...more

Duff v. Innovative Discovery LLC, C.A. No. 7599-VCP (Del. Ch. Dec. 7, 2012) (Parsons, V.C.)

In this memorandum opinion, the Delaware Court of Chancery denied motions to dismiss for lack of subject matter jurisdiction, failure to state a claim upon which relief could be granted, and improper venue. ...more

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