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Supreme Court Clarifies That Only CERCLA Settlements Trigger Contribution Claims

On May 24, the Supreme Court weighed in on an issue that for decades has bedeviled litigants under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): When can potentially responsible parties...more

Oregon Supreme Court Applies Landfill Closure Requirements Broadly in Kinzua Resources, LLC v. Oregon Department of Environmental...

In a case involving a dispute over landfill closure requirements, the Oregon Supreme Court concluded last week that the owners of Kinzua Resources, LLC, a limited liability company that held the permit for and title to the...more

Despite Sophisticated Acquisition Contract, Allocation of CERCLA Liability Unclear

An April 11, 2019 decision by the U.S. District Court for the District of Montana illustrates the challenges of contracting away CERCLA liability even when contractual negotiations occur between sophisticated parties....more

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