Environmental Remediation Costs

Missouri To Pilot Reforms To Corrective Action Clean-Up Program

by Adam Troutwine | Polsinelli on 4/29/2013

Businesses involved in clean-up of environmentally contaminated sites often face a time-consuming and expensive process. The Missouri Department of Natural Resources and the Environmental Protection Agency will pilot reforms...more

EPA Lifts Threat of CERCLA Liability for Some Tenants of Brownfields

by Thomas Hogan, Christopher Marraro | BakerHostetler on 2/18/2013

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

Recent Ruling Confirms That Cost of Compliance with a PRP Letter Is Insured Under CGL Policies

by Revelle Gwyn, Elizabeth Hamrick, Katherine Henry, Sid Trant | Bradley Arant Boult Cummings LLP on 2/8/2013

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority of state courts and held that a...more

Limitation Periods for Environmental Cost Recovery Claims in BC Abolished

by Wally Braul, Laura Gill, Michael Theroux | Bennett Jones LLP on 2/7/2013

The government of B.C. recently passed legislation that will eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

Bankruptcy Loses Arguments for Special Relief Under Prepetition Agreements for Environmental Liability

by Levi Jones | Schnader Harrison Segal & Lewis LLP on 2/6/2013

A recent case from the U.S. District Court for the Southern District of New York addressed the recurring conflict between the goals of bankruptcy law, which seeks to give debtors a fresh start, and the goals of federal and...more

Toxic Tort and Environmental Law Update: January 2013 - New Jersey Supreme Court Clarifies Requisite Nexus for Liability Under...

by F. Paul Pittman | Sedgwick LLP on 1/7/2013

In New Jersey Dept. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme Court held that the New Jersey Department of Environmental Protection (NJDEP) must establish, by a preponderance of the...more

CERCLA Cost Recovery or Contribution Claim: Another Judicial Misstep

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 12/31/2012

The chaos unleashed by Aviall continues in a recent decision by the Seventh Circuit. In Bernstein v. Blankert, the Seventh Circuit revisited the issue whether a party having entered into an Administrative Order by Consent...more

Focus on Insolvency and Environment: Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67 (the “Abitibi case”): Clean-Up...

by Shauna N. Finlay | Dentons on 12/20/2012

Introduction - The Supreme Court of Canada (the “SCC”) recently released an important decision relating to how provincial clean up orders against corporations may be treated when that corporation enters creditor...more

When can Environmental Regulatory Orders be Compromised Claims under the Companies’ Creditors Arrangement Act? Supreme Court of...

by Jack Coop, Jennifer Fairfax, Stephanie Fujarczuk, Daniel Kirby, Mary Paterson, Edward Sellers, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 12/12/2012

Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67 - In its decision released on December 7, 2012, the Supreme Court of Canada held that claims in respect of provincial environmental clean-up orders can be...more

Doing Business in Canada: Environmental Law

by Bennett Jones LLP on 10/18/2012

Companies doing business in Canada should identify and manage the risks associated with legal liability for harm that has been (or may be) caused to the environment. Environmental legislation (statutes and regulations) in...more

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