Last month, the IRS published Notice 2021-66, issued in response to the Infrastructure Investment and Jobs Act’s (Jobs Act) reinstatement of the previously expired “Superfund Tax”—an excise tax imposed on manufacturers,...more
1/20/2022
/ CERCLA ,
Comment Period ,
Contaminated Properties ,
Excise Tax ,
Importers ,
Imports ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
IRS ,
Superfund ,
Tax Liability ,
Tax Reform ,
Toxic Chemicals
In yet another recent case involving the intersection of CERCLA and state law, the United States District Court for the Eastern District of Washington held that CERCLA legislatively displaced federal common law public...more
On June 17, 2014, EPA published a Proposed Rule to no longer acknowledge the 2005 version of ASTM International’s recently updated version of its standard for environmental site assessments – Standard 1527-13 – to meet the...more
The Supreme Court’s decision in CTS Corp. v. Waldburger, No. 13-339, 573 U.S. __ (June 9, 2014), sends a strong message to lower courts that the oft-repeated refrain that CERCLA is a “remedial statute” that must be...more
The Seventh Circuit Court of Appeals has opened the door for judicial review of CERCLA citizen suits challenging the completed portions of some cleanup actions even when cleanup at the site is ongoing. The case is Frey v....more
On December 30, 2013, EPA published a Final Rule providing that a prospective purchaser or tenant of contaminated property may use ASTM International’s recently updated version of its standard for environmental site...more
In what appears to be a first, a federal district court has held that the “Petroleum Exclusion” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) preempts state-law contribution claims...more
A panel of the United States Court of Appeals for the Third Circuit decided an important precedential decision last week expanding the right to seek contribution for cleanup costs under the Comprehensive Environmental...more
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
2/18/2013
/ Bona Fide Purchaser ,
Brownfield Properties ,
CERCLA ,
Commercial Leases ,
Contaminated Properties ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Environmental Remediation Costs ,
Landlords ,
Superfund ,
Tenants