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Strict Liability Reversal

Foley & Lardner LLP

Seventh Circuit Confronts Wisconsin’s “Risk-Contribution” Theory in Reversing $6 Million Lead Paint Verdict

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The back-and-forth between Wisconsin’s legislature and its supreme court created a unique six-year window from 2005-2011 when plaintiffs could sue manufacturers of white lead carbonate, a substance formerly used in some...more

(ACOEL) | American College of Environmental...

EPA Is The CERCLA Gatekeeper: Plaintiffs Need EPA Approval To Seek State Court Damages For Restoration

Landowners seeking restoration damages in state courts, at sites where there is a cleanup remedy previously selected by EPA, may pursue such claims only if they first obtain EPA approval for the proposed restoration work....more

Troutman Pepper

State Law Claims and CERCLA Remedial Actions: Making the Best of a Bad Decision

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The U.S. Supreme Court recently announced a landmark decision under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Act), also known as the Superfund program. In the case of Atlantic...more

Jones Day

Post-Taggart, Ninth Circuit BAP Holds That "No Fair Ground of Doubt" Standard Applies to Automatic Stay Violations

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In Taggart v. Lorenzen, 139 S. Ct. 1795 (June 3, 2019), the U.S. Supreme Court ruled that a bankruptcy court may hold a creditor in civil contempt for attempting to collect on a debt that has been discharged in bankruptcy "if...more

Holland & Knight LLP

Environmental Due Diligence in the Wake of Atlantic Richfield

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The U.S. Supreme Court's decision in Atlantic Richfield Co. v. Christian (Slip Op. No. 17-1498) confirmed the broad statutory definition of "Potentially Responsible Party" (PRP) under the Comprehensive Environmental Response,...more

Holland & Knight LLP

Supreme Court's Decision in Atlantic Richfield: Tip of the Iceberg or Tempest in a Teapot?

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In Atlantic Richfield Company v. Christian, a decision issued on April 20, 2020, the U.S. Supreme Court decided that state courts may hear state common law claims seeking to compel remediation beyond what the U.S....more

Schwabe, Williamson & Wyatt PC

With EPA Approval, Landowners May Bring State Law Claims for Remedial Action in Addition to Ongoing Superfund Cleanup

Last month, the U.S. Supreme Court determined that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preclude Montana residents from bringing state common law claims to recover the...more

Williams Mullen

Supreme Court Ruling Creates CERCLA Uncertainty

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The United States Supreme Court recently decided a case that will create considerable uncertainty for companies involved with cleanups under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA,...more

Allen Matkins

SCOTUS: Landowners’ State Law Claims for Additional Cleanup Costs Can Proceed in State Court, But Additional Cleanup Must Be...

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On April 20, 2020, the U.S. Supreme Court issued its long-anticipated opinion in Atlantic Richfield Company v. Christian (No. 17-1498), holding that landowners whose properties are contaminated by neighboring Superfund sites...more

Jones Day

U.S. Supreme Court Permits State Law Claims for Restoration Damages at Superfund Sites

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The Situation: The U.S. Supreme Court recently considered, in Atlantic Richfield Co. v. Christian, whether the Comprehensive Environmental Response, Compensation and Recovery Act ("CERCLA") deprives Montana state courts of...more

Blank Rome LLP

The Supremes Weigh in on Superfund and the Clean Water Act

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Notwithstanding that the Comprehensive Environmental Response, Compensation, and Liability Act (more commonly known as “Superfund”) has been around for 40 years, and the fact that numerous cases have made their way to the...more

Perkins Coie

U.S. Supreme Court Limits Use of Tort Claims By Affected Homeowners at Superfund Sites

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The U.S. Supreme Court stepped into the long-simmering debate about the rights of residential homeowners affected by Superfund response actions, ruling that they are indeed bound by the federal statute’s ban against...more

Greenberg Glusker LLP

Atlantic Richfield Co. v. Christian – Perpetuating the Cycle of Supreme Court Environmental Law Decisions that Spark Litigation...

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The U.S. Supreme Court has a history of rendering muddled decisions when interpreting key environmental statutes, and with its decision in Atlantic Richfield Co. v. Christian et al., history repeats itself....more

Jackson Walker

Supreme Court Allows “PRP” Landowners to Bring State Common Law Claims at Superfund Cleanup Site

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In Atlantic Richfield Co. v. Christian, the United States Supreme Court recently held that a state court had jurisdiction over landowners’ state common law claims against Atlantic Richfield Company related to the Anaconda...more

Beveridge & Diamond PC

Supreme Court Rules that Landowners at a CERCLA Site Cannot Require Additional Cleanup under State Law without Advance EPA...

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Summary - Private landowners at a federal Superfund site cannot use state law claims to require additional remediation without advance EPA approval, based on a limitation in the Comprehensive Environmental Response,...more

Downey Brand LLP

U.S. Supreme Court Preserves Potential State Court Superfund Site Claims – But Remedial Actions Requires EPA Approval

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On Monday, the U.S. Supreme Court handed down a near unanimous decision in Atlantic Richfield Co. v. Christian which involves a group of landowners’ attempt to fashion their own clean-up remedies under state law at a...more

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

CERCLA/Superfund: U.S. Supreme Court Addresses State Court Jurisdiction/Restoration Plan Issues

The United States Supreme Court (“SCT”) addressed in an April 20th Opinion two issues arising under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA or Superfund”) that include...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Atlantic Richfield Co. v. Christian

On April 20, 2020, the U.S. Supreme Court decided Atlantic Richfield Co. v. Christian holding that CERCLA does not strip state courts of jurisdiction to hear state-law claims brought by landowners seeking remediation of...more

Seyfarth Shaw LLP

SCOTUS Holds Common Law Claims Seeking Restoration Require EPA’s Approval if CERCLA Remediation is Ongoing

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Seyfarth Synopsis: Consider this hypothetical. Acme Company’s historic operations has contaminated its property and those of its adjacent neighbors. Acme is undertaking a CERCLA remedy under the oversight of U.S. EPA which...more

Rumberger | Kirk

The Supreme Court Hands Down a New Standard for Bankruptcy Discharge Violations

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On June 3, 2019, Justice Breyer delivered a unanimous opinion of the Supreme Court conclusively establishing the standard courts must apply to hold a creditor in civil contempt for violation of a bankruptcy discharge order....more

Faegre Drinker Biddle & Reath LLP

Third Circuit Holds Online Retailers May Be Liable for Defective Third-Party Products Under Pennsylvania Product Liability Laws

The Third Circuit Court of Appeals has held that online retailers such as Amazon could be held liable for allegedly defective third-party products sold through its website. In a 2-1 panel decision in Oberdorf v. Amazon.com,...more

Harris Beach PLLC

"Sellers" Beware: Online Marketplaces Could See Increased Liability for Allegedly Defective Products

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The U.S. Court of Appeals for the Third Circuit recently issued a decision that could change the liability landscape for online marketplaces such as Amazon....more

Hogan Lovells

U.S. – District Court reversed: No fair use defense for Adams Morgan neighborhood photo

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The many historic landmarks and neighborhoods in Washington DC are one of the draws for locating events there. In a cautionary tale for event organizers, however, the Court of Appeals of the Fourth District recently ruled...more

Locke Lord LLP

Fifth Circuit Holds that Migratory Bird Treaty Act Does Not Apply to Incidental Takes - What It Means for Energy Developers

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On September 4, 2015, the Fifth Circuit Court of Appeals reversed the misdemeanor convictions of Citgo Petroleum Corporation and Citgo Refining and Chemicals Company, L.P. (collectively Citgo) for “taking” migratory birds in...more

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