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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 earlier and found that Appleton Papers Inc. ("API"...

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: 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, the circumstances in which a plaintiff can...