December 2014 - Real Estate FOUNDATION

In this issue

- The CERCLA Divisibilty Defense: Back from the Dead?

- Springing Recourse for Breach of Solvency and Debt Payment Covenants? Does New York Need Cherryland Legislation?

- Mid-Construction Refinancing: Opportunity or Plunge into the Void?

- Blank Rome’s Real Estate Group

- Why Owners Should Care about Subcontracts Held by Construction Managers

- Noteworthy Real Estate Deals

- An excerpt from: The CERCLA Divisibilty Defense: Back from the Dead?

On September 25, 2014, the United States Court of Appeals for the Seventh Circuit issued a decision that may resuscitate the all-butdead divisibility defense in cases brought under Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). This decision has the potential to be a game-changer with respect to easing defendants’ burden in limiting their CERCLA liability exposure at multi-party contamination sites.

The Supreme Court Affirms the Divisibility Defense in Its 2009 Decision in Burlington Northern -

Because CERCLA liability is typically joint and several, potentially responsible parties (“PRPs”) with even minimal contributions to a contaminated site may be held liable for all response costs associated with a site cleanup. Environmental cleanups can be costly, and joint and several liability is not only unnerving, but it can also be an impediment to a viable defense.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Blank Rome LLP | Attorney Advertising

Written by:

Blank Rome LLP

Blank Rome LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.