Recent Posts

Jenner & Block: Insurer Unable To Step Into CERCLA Shoes Of Insured
Posted on 11 Apr 2013 by Steven M. Siros

A recent Ninth Circuit decision limited the ability of an insurer to seek CERCLA contribution and/or cost recovery from potentially responsible parties ("PRPs"). In Chubb Custom Insurance Company v. Space Systems/Loral et al. , [ enhanced version... Read More

Jenner & Block: DOJ Not Required To Produce Interagency Memorandum in CERCLA Case
Posted on 28 Mar 2013 by Steven M. Siros

A recent Seventh Circuit decision rejected a PRP's efforts to obtain interagency memorandum and other communications between the Environmental Enforcement and the Environmental Defense Sections within the United States Department of Justice ("DOJ"... Read More

Court Rules In 2013 That Mining Environmental Contamination Going Back To Late 1800’s Covered By Insurance Issued In 1950’s
Posted on 30 Apr 2013 by Seth Lamden

by Seth Lamden , Partner, Neal, Gerber & Eisenberg LLP The court in Doe Run Resources Corporation v. Certain Underwriters at Lloyd's London , No. ED98086, 2013 Mo. App. LEXIS 468 (April 16, 2013) [ enhanced version available to lexis.com subscribers... Read More

Tenants Might Breathe a Little Easier
Posted on 12 Mar 2013 by Williams Mullen

By William A. Anderson, II In new guidance, the Environmental Protection Agency (EPA) has expanded the classes of tenants that, in the exercise of its enforcement discretion, it may consider Bona Fide Prospective Purchasers (BFPPs) on a site-specific... Read More

ExxonMobil Found To Be Negligent and Ordered To Pay $236 Million For MTBE Contamination To Groundwater
Posted on 10 Apr 2013 by LexisNexis Environmental Law Community Staff

CONCORD, N.H. - (Mealey's) A state court jury in New Hampshire on April 9 found that ExxonMobil Corp. was negligent in adding methyl tertiary butyl ether (MTBE) to gasoline and that it should pay $236 million to remediate groundwater contamination... Read More

9/11 and the CERCLA “War Risk” Exclusion
Posted on 11 Apr 2013 by Randy J. Maniloff

By Randy J. Maniloff, White and Williams, LLP New York Federal Court Holds That September 11th Was An "Act Of War" In the immediate aftermath of the September 11, 2001 attacks, there was intense political pressure on the insurance industry... Read More