The decision could make it easier to recover from the government for CERCLA response costs at former defense production facilities and shift leverage in settlement discussions....more
The proposed reforms seek to accelerate cleanup and reuse of sites to reduce risks, reduce costs, and hasten redevelopment....more
Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more
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
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