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Environmental Liability Environmental Remediation Costs Superfund

Williams Mullen

Limitations Bar Superfund Contribution Action

Williams Mullen on

As a general rule, the law will not allow plaintiffs to sit on legal rights indefinitely. Superfund actions are no exception. The 6th Circuit recently applied this principle, finding a declaratory judgment of liability...more

WilmerHale

Natural Resource Damages for the Entrepreneurial Practitioner: Innovations in NRD Assessment and Restoration

WilmerHale on

The natural resource damage assessment (NRDA) process has evolved since its inception in the late 1970s. The innovations keep coming. In 2016, a third-party “credit banking” mechanism was used for the first time to settle...more

Williams Mullen

Selling Property “As Is” Won’t Protect Seller From Superfund Liability

Williams Mullen on

Everyone is familiar with the two little words - “as is” - that pop up in real estate contracts. The “as is” clause is a means of allocating risk between seller and buyer. Generally, a seller who sells property “as is” will...more

BakerHostetler

EPA Lifts Threat of CERCLA Liability for Some Tenants of Brownfields

BakerHostetler on

Tenants who lease currently or formerly contaminated property can now benefit from protections from cleanup liability that were once available only to purchasers of such property. EPA announced its new policy in a December...more

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