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What to Know About Environmental Liabilities in Bankruptcy

One of the primary goals of bankruptcy law is to provide debtors with a fresh start by imposing an automatic stay and allowing for claims of reorganizing debtors to be discharged. In environmental law, a primary goal is to...more

EPA May Ignore Mitigation System and Use of Industrial Facility in National Priorities Listing

Deferring to the US Environmental Protection Agency, the US Court of Appeals for the DC Circuit rejected a challenge to the first-ever listing of a site on the Superfund National Priorities List under recent regulatory...more

US Supreme Court Allows State Law Restoration Claims Seeking Expanded Cleanup of Superfund Site

The US Supreme Court held that CERCLA does not preempt state law restoration claims by landowners who are potentially responsible parties, but clarifies that the Environmental Protection Agency must approve landowners’...more

EPA Task Force Issues Recommendations to Reform Superfund Program

The proposed reforms seek to accelerate cleanup and reuse of sites to reduce risks, reduce costs, and hasten redevelopment....more

Ninth Circuit Holds Air Emissions Not Covered by CERCLA

Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals. On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more

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