News & Analysis as of

Superfund Consent Decrees

King & Spalding

Environmental Justice

King & Spalding on

The proposed EPA rule designating PFOA and PFOS as hazardous substances under CERCLA has significant implications for Potentially Responsible Parties (PRPs) at both current and closed Superfund sites, as well as for companies...more

Mitchell, Williams, Selig, Gates & Woodyard,...

CERCLA/Superfund Cost Recovery: U.S. Environmental Protection Agency and Seven Potentially Responsible Parties Enter into Consent...

The United States Department of Justice (“DOJ”) and seven Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) potentially responsible parties (“PRPs”) entered into a May 20th Consent Decree...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Bankruptcy/CERCLA(Superfund): Federal Court Addresses Whether Chapter 11 Discharge Nullifies Contribution Action

A United States District Court (D. Maryland) (“Court”) addressed in a October 12th Opinion whether a Chapter 11 bankruptcy discharge barred a Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)...more

Morgan Lewis

EPA Updates Model Remedial Design/Remedial Action Consent Decree and Statement of Work

Morgan Lewis on

The updated model of the remedial design/remedial action consent decree and statement of work seeks to streamline and quicken CERCLA settlement negotiations and address environmental justice concerns of Superfund sites in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Superfund/CERCLA Cost Recovery Action/Mercury Refinery Site: U.S. Department of Justice and Four Companies Enter into Consent...

The United States Department of Justice (“DOJ”) and four companies entered into a proposed August 18th Consent Decree (“CD”) settling a Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund”) cost...more

Mitchell, Williams, Selig, Gates & Woodyard,...

CERCLA Cost Recovery: U.S. Department of Justice and Owner/Operator of Former Barrel Reconditioning Facility Enter into Consent...

The United States Department of Justice (“DOJ”) and Dayton Industrial Drum, Inc. (“Dayton”) entered into an April 15th Consent Decree addressing the resolution of a Superfund or Comprehensive Environmental Response,...more

Williams Mullen

Common Stock Used to Reimburse EPA for CERCLA Response Costs

Williams Mullen on

A recent CERCLA settlement provides an unusual method for reimbursing response costs incurred by EPA at a Superfund site. Under a proposed Consent Decree concerning the Yavapai Penta Superfund Site in Prescott, Arizona,...more

Williams Mullen

EPA Region III Assesses Largest Superfund Stipulated Penalty Ever

Williams Mullen on

The Rodale Manufacturing facility in Emmaus, Pennsylvania was added to the National Priorities List in 1991 after more than 50 years of electrical component manufacturing. Operations at the facility included electroplating,...more

Williams Mullen

Environmental Notes - May 2016

Williams Mullen on

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

Foley Hoag LLP - Environmental Law

Is Superfund a Machine for Manufacturing Tea Party Members?

A group of PRPs received an oversight cost bill pursuant to a CERCLA consent decree. (The following details are intentionally vague to protect both the innocent and the guilty.) The bill was for several hundred thousand...more

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