News & Analysis as of

Indemnification Environmental Liability

Beveridge & Diamond PC

Despite Sophisticated Acquisition Contract, Allocation of CERCLA Liability Unclear

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An April 11, 2019 decision by the U.S. District Court for the District of Montana illustrates the challenges of contracting away CERCLA liability even when contractual negotiations occur between sophisticated parties....more

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

Identifying and Addressing Environmental Issues in Petroleum Marketing Agreements (“Presentation”)

The Arkansas Oil Marketers Association Environmental Workshop was held on August 30th in Little Rock. I undertook a presentation titled: Identifying and Addressing Environmental Issues in Petroleum Marketing...more

Carlton Fields

Sixth Circuit Affirms Arbitrator’s Decision In Environmental Remediation Matter

Carlton Fields on

The Sixth Circuit has affirmed an order confirming an arbitration award regarding indemnification obligations for environmental cleanup owed by William Farley toward the Eaton Corporation arising out of the 1986 sale of an...more

Williams Mullen

Environmental Notes - March 2016

Williams Mullen on

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

Morris James LLP

CCLD Explains Indemnification For Assumed Contractual Liabilities

Morris James LLP on

This is an important decision because it explains the specificity with which provisions indemnifying a party for liabilities under a separate contract must be stated. In this case, Glencore, which had sold an aluminum plant...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - Jan 30, 2014

California Court Recognizes Named, Additional Insureds Have Different Expectations - Why it matters: While the holding sounds straightforward – the reasonable expectations of an additional insured about the...more

Foley Hoag LLP - Environmental Law

Indemnification Agreements Under CERCLA Do Not Affect Liability to Entities That Are Not Parties to the Agreement

Section 107(e) of CERCLA provides that - "No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who...more

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