(ACOEL) | American College of Environmental...

Just How Absolute is the Absolute Pollution Exclusion?

Despite the myriad CERCLA cases on the books, there is little – if any – jurisprudence dissecting the so-called “absolute pollution exclusion” in a comprehensive general liability insurance policy and the insurers’ obligation...more

Sullivan & Worcester

Supreme Court to Again Consider the Interplay Between a CERCLA Cost Recovery and Contribution Action

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Liability for clean-up of hazardous substances pursuant to the Comprehensive Response, Compensation and Liability Act of 1980 ("CERCLA," "Act" or "Superfund") can be extremely costly, amounting to hundreds of millions of...more

Holland & Knight LLP

EPA Releases Updated CERCLA Common Elements Guide - Enforcement Discretion Guidance Provides Important Direction on Landowner...

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• The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes strict, joint and several, retroactive liability on property owners and operators for releases of hazardous substances. However,...more

Latham & Watkins LLP

EPA Will Not Require Financial Assurances From Electric Power Sector

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EPA’s decision to forego financial requirements will likely face opposition by eNGOs. On July 2, 2019, the US Environmental Protection Agency (EPA) published its proposed decision not to impose new financial responsibility...more

Williams Mullen

CERCLA Divisibility: Two Strikes and Bases are Loaded

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Joint and several liability means one defendant can be liable for all of the damages in a case, even where other defendants are at fault. In the CERCLA arena, this means a potentially responsible party can be forced to pay...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

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