Cases to Watch: Supreme Court Could Address Key Cost Recovery Issue in Morrison Enterprises

By Keri L. Holleb Hotaling, Partner, Jenner & Block LLP When the Supreme Court returns from its summer recess on September 26 to select cases for review this fall, it is likely to consider taking up Morrison Enterprises, LLC v. Dravo Corp . The question presented is: Whether a party that...

Settling Party Barred from Bringing a CERCLA Section 107(a) Claim

By Sedina L. Banks, Attorney, Greenberg Glusker Fields Claman & Machtinger LLP Last week, in the case of Solutia, Inc. and Pharmacia Corp. v. McWane, Inc. (Solutia) , the Eleventh Circuit held that a party that performs a cleanup in compliance with a consent decree has no right under the Comprehensive...

Jenner & Block: Section 113 or 107? Supreme Court Declines to Clarify CERCLA Cost Recovery Options

By Allison Torrence, Associate, Jenner & Block Ever since the U.S. Supreme Court decided United States v. Atlantic Research Corp. in 2007, CERCLA PRPs and courts have been struggling with a crucial question: Whether parties subject to a consent decree may file claims for cost recovery under...

Jenner & Block: Fox River PCB Cleanup Allowed To Proceed

On November 21, 2012, a federal district court in Wisconsin rejected PRP efforts to seek modification of the remedial plan established by U.S. EPA and the State of Wisconsin to address PCB-contaminated sediments in the Fox River. In 2010, U.S. EPA and the State of Wisconsin sued several potentially responsible...

Jenner & Block: U.S. Appellate Court Defines Settling Parties' Rights to CERCLA Contribution and Cost Recovery

By Gabrielle Sigel , Partner, Jenner & Block On December 19, 2012, the U.S. Court of Appeals for the Seventh Circuit issued a panel decision that clarifies the law within that Circuit on issues left unresolved after several U.S. Supreme Court's decisions interpreting certain provisions...