News & Analysis as of

Superfund Joint and Several Liability

Sullivan & Worcester

Supreme Court to Again Consider the Interplay Between a CERCLA Cost Recovery and Contribution Action

Sullivan & Worcester on

Liability for clean-up of hazardous substances pursuant to the Comprehensive Response, Compensation and Liability Act of 1980 ("CERCLA," "Act" or "Superfund") can be extremely costly, amounting to hundreds of millions of...more

Pillsbury Winthrop Shaw Pittman LLP

Von Duprin LLC v. Moran Elec. Serv. Highlights Need for Strict Compliance with the AAI Rule to Qualify for Defenses to Superfund...

A recent federal court decision serves as a reminder how a lack of attention to seemingly administrative details can have significant legal consequences. Parties seeking to use a Phase I Environmental Site Assessment for...more

Flaster Greenberg PC

Federal Judge’s Comments In Willow Grove PFAS Case Suggest Time May Be Approaching When Pennsylvania (And Other States) Will...

Flaster Greenberg PC on

Last week, Law360 reported on a hearing that occurred in the Federal District Court for Eastern Pennsylvania before Judge Gerald Pappert concerning PFAS. The hearing concerned a motion to dismiss brought by the United States...more

Latham & Watkins LLP

EPA Will Not Require Financial Assurances From Electric Power Sector

Latham & Watkins LLP on

EPA’s decision to forego financial requirements will likely face opposition by eNGOs. On July 2, 2019, the US Environmental Protection Agency (EPA) published its proposed decision not to impose new financial responsibility...more

Foster Garvey PC

Resources for Doing Business in the United States - Installment #11- Environmental Protection

Foster Garvey PC on

Foreign clients investing in the U.S. know there are risks of litigation and conflict that they might not anticipate when conducting business at home. One area, however, that is usually a particularly rude surprise are the...more

Robinson & Cole LLP

Superfund Divisibility Defense Gets New Life

Robinson & Cole LLP on

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a federal law under which contaminated sites are identified and evaluated by the Environmental Protection...more

Blank Rome LLP

PRPs May Want To Dig In With Divisibility Defense

Blank Rome LLP on

In a victory for potentially responsible parties at multiparty contamination sites, a federal district court in U.S. v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015), held a PRP established that environmental harm at a...more

Morgan Lewis

District Court Imposes Divisibility Cap on Superfund Liability

Morgan Lewis on

A Wisconsin district court has ruled that NCR Corporation’s liability for contamination in the Fox River is limited to NCR’s share of contamination contributed to the river....more

Foley Hoag LLP - Environmental Law

Is the Shrinking Availability of Joint And Several Liability In Superfund Cases A Good Thing?

Although it has taken a surprisingly long time, the holding in Burlington Northern which greatly lowered the standard for apportionment in Superfund cases is finally being embraced by lower courts. Last fall I blogged about...more

Foley Hoag LLP - Environmental Law

CERCLA’s Confusion Between Section 107 and Section 113

Over a decade after the Supreme Court’s decision in Cooper Industries v. Aviall, the divide between CERCLA Section 107 cost recovery claims and Section 113 contribution claims remains unsettled. PRPs incurring response costs...more

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