News & Analysis as of

Joint and Several Liability Comprehensive Environmental Response, Compensation and Liability Act

(ACOEL) | American College of Environmental...

The Absolute Pollution Exclusion is Not Quite Absolute

In my last blog, I noted that there is no case law under CERCLA analyzing whether an insurer may rely upon the absolute pollution exclusion to avoid the duty to defend where a complaint for cost recovery alleges joint and...more

(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

Sullivan & Worcester on

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

Pillsbury Winthrop Shaw Pittman LLP

Von Duprin LLC v. Moran Elec. Serv. Highlights Need for Strict Compliance with the AAI Rule to Qualify for Defenses to Superfund...

A recent federal court decision serves as a reminder how a lack of attention to seemingly administrative details can have significant legal consequences. Parties seeking to use a Phase I Environmental Site Assessment for...more

Holland & Knight LLP

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

Holland & Knight LLP on

• 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

Latham & Watkins LLP on

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

Case Law Updates

Williams Mullen on

Clean Water Act - In last month’s edition of Environmental Notes, we discussed the potential impact of two recent federal district court decisions finding that a citizen suit under the Clean Water Act (CWA) could be...more

Williams Mullen

CERCLA Divisibility: Two Strikes and Bases are Loaded

Williams Mullen on

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

Robinson & Cole LLP on

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

PRPs May Want To Dig In With Divisibility Defense

Blank Rome LLP on

In a victory for potentially responsible parties at multiparty contamination sites, a federal district court in U.S. v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015), held a PRP established that environmental harm at a...more

Morgan Lewis

District Court Imposes Divisibility Cap on Superfund Liability

Morgan Lewis on

A Wisconsin district court has ruled that NCR Corporation’s liability for contamination in the Fox River is limited to NCR’s share of contamination contributed to the river....more

Blank Rome LLP

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

Blank Rome LLP on

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

Foley Hoag LLP - Environmental Law

CERCLA’s Confusion Between Section 107 and Section 113

Over a decade after the Supreme Court’s decision in Cooper Industries v. Aviall, the divide between CERCLA Section 107 cost recovery claims and Section 113 contribution claims remains unsettled. PRPs incurring response costs...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide