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Babst Calland: Nexus Requirement Clarified Under New Jersey’s Spill Act
Posted on 19 Oct 2012 by Babst Calland

In a decision issued September 26, 2012, the New Jersey Supreme Court clarified the standard for demonstrating causation in a claim for damages under the Spill Compensation and Control Act (Spill Act) . The Court held that a plaintiff claiming damages... Read More

Sixth Circuit Weighs in on CERCLA Cost Recovery, Contribution Actions
Posted on 28 Aug 2014 by Ballard Spahr LLP

By Glenn A. Harris The U.S. Court of Appeals for the Sixth Circuit Court recently issued an important opinion, [ enhanced version available to lexis.com subscribers ], related to claims to recover environmental cleanup costs at an Ohio landfill... Read More

South Carolina Court Limits CERCLA Remedies
Posted on 15 Jul 2015 by Williams Mullen

By Jessica J.O. King The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up... Read More

Settling Party Barred from Bringing a CERCLA Section 107(a) Claim
Posted on 14 Mar 2012 by Sedina L. Banks

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... Read More

Appellate Court Rejects Challenge To NPL Listing
Posted on 21 Aug 2014 by Steven M. Siros

A recent decision from the U.S. Court of Appeals for the D.C. Circuit, [ enhanced version available to lexis.com subscribers ], rejected a challenge to U.S. EPA's decision to list a site on the National Priorities List ("NPL"), finding that... Read More

Cases to Watch: Supreme Court Could Address Key Cost Recovery Issue in Morrison Enterprises
Posted on 29 Sep 2011 by Jenner & Block Corporate Environmental Lawyer

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 . ... Read More

Supreme Court Denies Certiorari on GE’s Due Process Challenge to EPA Orders Under CERCLA
Posted on 7 Jun 2011 by LexisNexis Environmental Law Community Staff

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court has declined review of a District of Columbia Circuit U.S. Court of Appeals ruling holding that the Environmental Protection Agency's use of unilateral administrative orders to enforce Comprehensive... Read More

Jenner & Block: Section 113 or 107? Supreme Court Declines to Clarify CERCLA Cost Recovery Options
Posted on 15 Oct 2012 by Allison Torrence

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... Read More

Jenner & Block: Seventh Circuit “Clarifies” Position On CERCLA 113 v. 107 Claims
Posted on 13 Aug 2013 by Allison Torrence

On July 31, 2013, the Seventh Circuit Court of Appeals issued an Amended Opinion in the case of Bernstein v. Bankert , Nos. 11-1501 and 11-1523. As discussed previously in this blog , the Seventh Circuit's original opinion addressed, among other things... Read More

Superfund Site Reopened to Address Vapor Intrusion Issues
Posted on 18 Jan 2012 by Steven M. Siros

By Steven M. Siros, Partner, Jenner & Block In 1992, a consent decree was entered into between U.S. EPA and two PRPs to address contamination at an NPL site in Mountain View, California. In June 2001, U.S. EPA certified completion of remediation... Read More

Supreme Court Narrows CERCLA Preemption of State Limits on Tort Claims
Posted on 22 Jul 2014 by Babst Calland

In an opinion strictly interpreting the statutory text of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the U.S. Supreme Court limited the scope of a CERCLA provision that is designed to extend state law claims for... Read More

CERCLA Claims Against Environmental Contractor Allowed To Proceed
Posted on 28 Oct 2011 by Steven M. Siros

By Steven M. Siros, Partner, Jenner & Block A federal district court refused to dismiss a lawsuit alleging CERCLA liability on the part of several environmental contractors that performed an environmental assessment and cleanup of a contaminated... Read More

Supreme Court: CERCLA Does Not Preempt State’s Statute Of Repose
Posted on 9 Jun 2014 by Shane Dilworth

WASHINGTON, D.C. — (Mealey's) A U.S. Supreme Court majority today reversed a Fourth Circuit U.S. Court of Appeals panel’s ruling reinstating a lawsuit brought under the Comprehensive Environmental Response, Compensation, and Liability... Read More

Jenner & Block: Corporate Purchaser Not Liable to the Government for CERCLA Liability; Former Operator Must Begin Cleanup
Posted on 25 May 2012 by Gabrielle Sigel

By Gabrielle Sigel, Partner, Jenner & Block In long-running litigation regarding one of the costliest Superfund cleanups in the country, the U.S. District Court for the Eastern District of Wisconsin reversed a decision it reached just 5 months... Read More

Jenner & Block: New MOU Between EPA And Kentucky
Posted on 23 Jan 2013 by E. Lynn Grayson

By E. Lynn Grayson , Partner, Jenner & Bloc EPA Region 4 and the Commonwealth of Kentucky Department of Environmental Protection (KYDEP) have entered into a Memorandum of Understanding (MOU) to support and strengthen efforts to achieve cleanups... Read More