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Bancorpsouth Bank v Environmental Operations
BNSF
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cleanup
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compelled costs
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Morrison Enterprises v Dravo
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Voggenthaler v. Maryland Square
Larry Schnapf
over 10 years ago
Environmental
Public Health and Safety
Court Grants Summary Judgment in Maryland Square Vapor Intrusion Case
By Lawrence Schnapf, Principal, Schnapf LLC We have been periodically posting updates on the progress of the landmark Voggenthaler v Maryland Square, LLC vapor intrusion case from Las Vegas, Nevada. In the most recent ruling, the court granted the...
Jenner & Block Corporate Environmental Lawyer
over 11 years ago
Environmental
Hazardous Waste
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 . ...
Allison Torrence
over 10 years ago
Environmental
Hazardous Waste
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...
Allison Torrence
over 9 years ago
Environmental
Hazardous Waste
Jenner & Block: Seventh Circuit “Clarifies” Position On CERCLA 113 v. 107 Claims
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...
Steven M. Siros
over 11 years ago
Environmental
Hazardous Waste
CERCLA Claims Against Environmental Contractor Allowed To Proceed
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...
Gabrielle Sigel
over 11 years ago
Environmental
Hazardous Waste
Jenner & Block: Corporate Purchaser Not Liable to the Government for CERCLA Liability; Former Operator Must Begin Cleanup
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...
Allison Torrence
over 9 years ago
Environmental
Hazardous Waste
U.S. Supreme Court Declines To Review 7th Circuit CERCLA Case
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...
William A. Ruskin
over 11 years ago
Litigation
Litigation Blog
William A. Ruskin: Pitfalls In Proving CERCLA Divisibility Of Harm
By William A. Ruskin In a stinging decision, the Hon. Lonny R. Suko , a federal district court judge sitting in the Eastern District of Washington, ruled on April 4, 2012, that PRP Teck Cominco Metals, Ltd. failed to prove that contamination at...
William A. Ruskin
over 10 years ago
Litigation
Litigation Blog
William A. Ruskin: Did the Supreme Court's 2009 BNSF Decision Change CERCLA Cost-Recovery Practice?
By William A. Ruskin The U.S. Supreme Court's decision in Burlington Northern Santa Fe Railway Co. v. United States , 129 S. Ct. 1870 (2009) [ enhanced version available to lexis.com subscribers ], examined two unsettled areas of CERCLA: (1) the...
Gabrielle Sigel
over 11 years ago
Environmental
Environmental Law Blog
Jenner & Block: Corporate Purchaser Not Liable to the Government for CERCLA Liability; Former Operator Must Begin Cleanup
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...
Jenner & Block Corporate Environmental Lawyer
over 11 years ago
Environmental
Environmental Law Blog
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 ....
Steven M. Siros
over 11 years ago
Environmental
Environmental Law Blog
CERCLA Claims Against Environmental Contractor Allowed To Proceed
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...
Larry Schnapf
over 10 years ago
Environmental
Environmental Law Blog
Court Grants Summary Judgment in Maryland Square Vapor Intrusion Case
By Lawrence Schnapf, Principal, Schnapf LLC We have been periodically posting updates on the progress of the landmark Voggenthaler v Maryland Square, LLC vapor intrusion case from Las Vegas, Nevada. In the most recent ruling, the court granted the...