Recent Posts

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

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

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

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

U.S. Supreme Court Declines To Review 7th Circuit CERCLA Case
Posted on 12 Feb 2014 by Allison Torrence

By Allison A. Torrence The U.S. Supreme Court has denied cert in the widely-followed case of Bernstein v. Bankert , No. 13-568, [ enhanced version available to lexis.com subscribers ], declining to review the Seventh Circuit's ruling on the... Read More