News & Analysis as of

Remediation Contamination Preemption

Baker Donelson

Poison and Preemption: U.S. Supreme Court Considers Common Law Claims and CERCLA Remedies

Baker Donelson on

The Anaconda Smelter served southwestern Montana's mining industry for almost one hundred years before its closure in 1980. Today, the 585-foot "Big Stack" remains as one of the largest free-standing masonry structures in the...more

Beveridge & Diamond PC

New Mexico Federal Court Allows Tort Claims Against EPA Contractor in Gold King Mine Release

Beveridge & Diamond PC on

Highlighting limits on pre-trial motions arguing CERCLA preemption of state common law claims, a New Mexico federal court denied a motion to dismiss plaintiffs’ tort claims arising from a 2015 release of impounded water from...more

BakerHostetler

CERCLA Preempts State-Law Claims Arising Out Of Petroleum Contamination

BakerHostetler on

In what appears to be a first, a federal district court has held that the “Petroleum Exclusion” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) preempts state-law contribution claims...more

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