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Environmental Remediation Costs Remediation

Barnea Jaffa Lande & Co.

Israeli Environmental Protection Ministry Takes Major Step to Ensure Environmental Rehabilitation per Polluter Pays Principle

The Knesset Finance Committee, headed by MK Alex Kushnir (Yisrael Beitenu), recently approved a mechanism for compensation for the rehabilitation of industrial waste damages caused by Rotem Amfert (of the ICL Group). The...more

Downey Brand LLP

U.S. Supreme Court Watch (ARCO v. Christian): Can Private Parties Sue For More Clean Up Than EPA Requires?

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The Supreme Court will hear oral arguments today, December 3, in a CERCLA case that could have ramifications for environmental law practitioners around the country. The case, Atlantic Richfield Co. v. Christian (“the...more

Williams Mullen

Superfund Neighbors Come Knocking

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A case currently pending before the United States Supreme Court may significantly impact legal rights of potentially responsible parties (PRPs) involved in the cleanup of Superfund Sites. The case was brought in Montana State...more

K&L Gates LLP

Tax Buyers Beware: Court Finds CERCLA Liability Following Tax Sale

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The Ninth Circuit Court of Appeals recently ruled that California was entitled to pursue its costs for remediating contaminated property from a buyer in a tax sale who took title to the property long after the contamination...more

Clark Hill PLC

CERCLA Trumps As-Is Sales

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A federal court in Alaska assessed responsibility against the City of Fairbanks (City) for remediation costs found necessary to clean up property it previously owned. The court concluded that the City should have mitigated...more

Blank Rome LLP

New Jersey’s Appellate Division Holds State May Be Liable for Cleanup Costs under New Jersey’s Spill Act

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Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more

McDermott Will & Emery

Seeing Green: New York’s Reformed Brownfields Cleanup Program Creates Opportunities for Redevelopment to Generate Refundable Tax...

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Now is the time to begin brownfield redevelopment projects in the State of New York. Reauthorization of and reforms to New York’s Brownfields Cleanup Program, which provides tax credits to redevelop contaminated properties,...more

Williams Mullen

South Carolina Court Limits CERCLA Remedies

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The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up contaminated sites. 42...more

Robinson & Cole LLP

Superfund Divisibility Defense Gets New Life

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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

PRP in CERCLA Enforcement Action Saves Millions of Dollars with Successful Divisibility Defense

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Action Item: On March 15, 2015, the United States District Court for the Eastern District of Wisconsin in United States v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015), held that a potentially responsible party (“PRP”) at...more

Morgan Lewis

Ninth Circuit Widens Judges’ Discretion to Allocate CERCLA Contribution Damages

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Trial court may select the method of accounting for prior settlement in allocating response costs among liable parties, but claims to recover settlement payments are limited to costs consistent with the National Contingency...more

Blank Rome LLP

Scanning The Post-Burlington Northern CERCLA Landscape

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Since the U.S. Supreme Court issued its landmark decision in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S. 599 (2009), holding that a party must “take intentional steps to dispose of a hazardous...more

Morgan Lewis

Fifth Circuit Relieves Company of "Arranger" Liability under CERCLA

Morgan Lewis on

In Vine Street LLC v. Borg Warner Corp., No. 07-40440, the Fifth Circuit held that, in light of the U.S. Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S. 599 (2009), BorgWarner...more

Saul Ewing Arnstein & Lehr LLP

New Jersey High Court Rejects Application of Six-Year Statute of Limitations to Spill Act Private Contribution Claims for...

In Morristown Associates v. Grant Oil Co., the New Jersey Supreme Court unanimously ruled that a six-year statute of limitations does not apply to private claims for contribution of costs incurred to remediate contaminated...more

Cole Schotz

Environmental News Flash: New Jersey Supreme Court Rules That Six-Year Statute Of Limitations Does Not Apply To Spill Act Claims

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In a much anticipated decision, the New Jersey Supreme Court ruled yesterday in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property is not applicable to Spill...more

Nossaman LLP

Condemnation and Contamination: The Spectre of Double Liability

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Agencies acquiring private property for a public project conduct thorough investigations to determine whether the property has environmental contamination. If contamination is found, the question arises whether evidence of...more

Bilzin Sumberg

Q&A: Land Remediation - What You Need to Know

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Whether it’s for condos, office buildings or industrial properties, raw land is becoming more and more scarce in Miami. That means land remediation is becoming a bigger issue. It also means developers have to face new...more

Carlton Fields

My Advice? Pay Me!

Carlton Fields on

Shopping for insurance can raise hard questions: How much coverage do I need? What types of risk should be covered? What must I do to get the maximum benefits allowed? Policyholders who get the wrong answers often end up...more

Cole Schotz

NJ Legislature Passes Bill to Extend May 2014 Remedial Investigation Deadline – Christie Expected to Sign

Cole Schotz on

One of the most draconian aspects of NJ’s 2009 Site Remediation Reform Act is the authority of NJDEP to take direct oversight of older cleanups, stripping responsible parties of cleanup decision-making and requiring a trust...more

McCarter & English, LLP

New Jersey’s General Statute of Limitations Now a Defense to Spill Act Claims for Contribution

The New Jersey Appellate Division just ruled that the general six-year statute of limitations for property damage claims applies to a private claim for contribution brought under the New Jersey Spill Compensation and Control...more

Bennett Jones LLP

Doing Business in Canada: Environmental Law

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Companies doing business in Canada should identify and manage the risks associated with legal liability for harm that has been (or may be) caused to the environment. Environmental legislation (statutes and regulations) in...more

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