News & Analysis as of

Environmental Protection Agency (EPA) Comprehensive Environmental Response, Compensation and Liability Act Clean-Up Costs

Bradley Arant Boult Cummings LLP

Environmental Liability in Bankruptcy: The Comprehensive Environmental Response, Compensation, and Liability Act Perspective

In general, environmental law seeks to protect public health and the environment by providing for liability, compensation, cleanup, and emergency response to the release or disposal of hazardous substances. And more...more

Farella Braun + Martel LLP

New PFAS Listing Under Superfund Will Lead to Major Expansion of Liability

On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of...more

Foley & Lardner LLP

U.S. EPA Finalizes Designation of Two PFAS Chemicals as Hazardous Substances Under CERCLA

Foley & Lardner LLP on

On April 19, the U.S. Environmental Protection Agency (EPA) released its long-awaited final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers,...more

Holland & Hart LLP

CERCLA Liability Heats Up: EPA Designates PFAS Chemicals Hazardous Substances

Holland & Hart LLP on

The designation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances will likely result in litigation over the U.S. Environmental Protection Agency’s (EPA) Comprehensive...more

Kelley Drye & Warren LLP

[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more

Farella Braun + Martel LLP

A Familiar Name Among the Recent NPL Listings – the Now-Bankrupt Exide Technologies

Two more facilities previously owned by Exide Technologies appear on the National Priorities List (NPL), and are now among the highest priority facilities being targeted by EPA for cleanup under the Comprehensive...more

Robinson Bradshaw

Federal Decision Throws a Wrench in EPA’s Use of Fraudulent Transfer Claims to Recover Environmental Cleanup Costs

Robinson Bradshaw on

On April 4, federal Judge Louise W. Flanagan granted a motion filed by Robinson Bradshaw to dismiss our clients from a high-profile environmental case. The decision marks a rare check on the Environmental Protection Agency’s...more

Fox Rothschild LLP

Update on U.S. EPA’s Proposed Rule to Designate PFOA and PFOS as Hazardous Substances Under CERCLA

Fox Rothschild LLP on

We have been closely monitoring the progress of the United States Environmental Protection Agency (“EPA”) proposed rule to designate perfluorooctanic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”), two per- and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Superfund/CERCLA: Federal Appellate Court Addresses Allocation of Cleanup Costs

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a January 31st Opinion a dispute between two Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund or...more

Vinson & Elkins LLP

EPA Proposes to Designate Two PFAS Chemicals as Hazardous Substances Under CERCLA: Quick Answers to Top Questions

Vinson & Elkins LLP on

The Environmental Protection Agency (“EPA”) issued a long-anticipated proposal to designate two per- and polyfluoroalkyl substances (“PFAS”) as hazardous substances under the federal Superfund law known as the Comprehensive...more

(ACOEL) | American College of Environmental...

Superfund $$ Lives on – to 2031 at least!

We’ve all read about the recent reinstatement of the taxes that fund the Comprehensive Environment Response, Compensation, and Liability Act (CERCLA). The new taxes are hitting the books as of July 1, 2022....more

Levenfeld Pearlstein, LLC

ASTM Issues New Environmental Real Estate Due Diligence Phase I Standards for CERCLA Bona Fide Prospective Purchaser Defense

On November 1, 2021, the American Society for Testing and Materials (ASTM) Committee on Environmental Assessment, Risk Management and Corrective Action approved a new standard for conducting real estate due diligence Phase I...more

Farrell Fritz, P.C.

US Supreme Court Rules that CERCLA-Specific Settlement is a Pre-Requisite to a CERCLA Contribution Claim

Farrell Fritz, P.C. on

In May 2021, the Supreme Court ruled in Territory of Guam v. United States, 593 U.S. __ (2021), on the issue of whether a settlement resolving environmental liabilities was sufficient to establish a right of contribution for...more

Woods Rogers

Resolved, yet Unclear: Supreme Court Tightens CERCLA Contribution Claim Requirements

Woods Rogers on

In a unanimous decision, the Supreme Court ruled that a party’s right to contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) after entering into a settlement arises...more

Robinson & Cole LLP

U.S. Supreme Court Clarifies Predicates to CERCLA Contribution Actions - Guam v. United States, No. 20-382 (May 24, 2021)

Robinson & Cole LLP on

In siding with the Territory of Guam in its dispute with the United States over costs to clean up the Ordot Landfill, the Supreme Court has resolved a circuit court split over which types of administrative settlements trigger...more

Stoel Rives LLP

U.S. Supreme Court Decision Revives Guam Suit, Clarifies CERCLA, and Provides Cautionary Tale

Stoel Rives LLP on

Does a consent decree under the Clean Water Act (“CWA”) trigger a three-year limitation period to bring a contribution claim under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) when the...more

Holland & Hart LLP

SCOTUS Seeks to Clarify Contribution Claims under CERCLA

Holland & Hart LLP on

Last week, in its unanimous decision Guam v. United States, No. 20-382, the United States Supreme Court attempted to clarify a statutory question regarding the right to seek contribution that has been a source of uncertainty...more

Jackson Walker

Justices Hold CWA Settlement Does Not Start the Clock on CERCLA Limitations

Jackson Walker on

In Territory of Guam v. United States, the Supreme Court unanimously held that claims for contribution under Section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) require...more

Davis Wright Tremaine LLP

SCOTUS Clarifies Scope of CERCLA Contribution Claims

This week, the U.S. Supreme Court decided the case of Guam v. United States, clarifying when contribution actions under CERCLA may be brought. In a unanimous decision overturning the D.C. Circuit, the Court held that a...more

Morgan Lewis

US Supreme Court: Settlement of CERCLA-Specific Liability Needed to Give Rise to CERCLA Contribution Claim

Morgan Lewis on

Reversing the US Court of Appeals for DC Circuit, a unanimous US Supreme Court held that Guam’s settlement of Clean Water Act liabilities did not give rise to and trigger the statute of limitations to bring a Comprehensive...more

Cole Schotz

Supreme Court To DOJ: “No”

Cole Schotz on

On Monday, the U.S. Supreme Court unanimously held that a settlement of Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)-specific liability is required to give rise to a contribution action...more

Bricker Graydon LLP

CERCLA contribution reach and the Guam do-over

Bricker Graydon LLP on

On May 24, 2021, the U.S. Supreme Court released its opinion in the Territory of Guam v. United States case. At issue was whether Guam could maintain a Comprehensive Environmental Response, Compensation, and Liability Act...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Guam v. United States

On May 24, 2021, the U.S. Supreme Court decided Guam v. United States, holding that contribution under CERCLA does not arise until there is a CERCLA-specific liability, even if there is a settlement that resolves liability...more

Beveridge & Diamond PC

Supreme Court Clarifies That Only CERCLA Settlements Trigger Contribution Claims

Beveridge & Diamond PC on

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

Williams Mullen

Atlantic Richfield Company v. Christian - One Year Later

Williams Mullen on

Following the United States Supreme Court’s decision in Atlantic Richfield Company v. Christian, commentators warned the decision would allow a new category of state law actions challenging EPA-approved clean-ups. One year...more

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