News & Analysis as of

Governmental Liability Comprehensive Environmental Response, Compensation and Liability Act

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Finds District Court Sharply Deviated from Existing Authority on CERCLA Cleanup Costs Between Military Contractor...

TDY Holdings v. United States, et al., 872 F.3d 1004 (9th Cir. 2017) - TDY brought suit for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the U.S. government...more

Davis Wright Tremaine LLP

U.S. Reversed on 100% Allocation to Contractor

The Ninth Circuit Court of Appeals has reversed a district court decision allocating 100% of CERCLA response to costs to a U.S. military contractor, where both the U.S. and the contractor were liable parties. TDY Holdings,...more

Snell & Wilmer

United States Liable as an Owner Under CERCLA for Contamination on Navajo Reservation Land

Snell & Wilmer on

Last week, a United States District Court in Arizona held that the United States was an “owner” of Navajo Reservation Trust Land for purposes of CERCLA liability. See El Paso Nat. Gas Co. v. United States, 2017 WL 3492993 (D....more

Polsinelli

California's Eastern District: Government Agency Liable for Costs When Site Cleanup Is Mismanaged

Polsinelli on

In a ruling last month (California Department of Toxic Substances Control v. Jim Dobbas, Inc., et al), the United States District Court for the Eastern District of California held that the Department of Toxic Substances...more

Perkins Coie

Federal District Court Rules PRP Can Pursue CERCLA Cost Recovery Action Against State

Perkins Coie on

Judge William B. Shubb of the Eastern District of California ruled last month that a state government agency can be held liable as a Potentially Responsible Party (PRP) even if the agency’s involvement at a particular site is...more

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