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U.S. Supreme Court Refuses To Take Up Due Process Challenge To EPA Orders

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 6 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 Environmental Response, Compensation...

Supreme Court Denies Certiorari on GE’s Due Process Challenge to EPA Orders Under CERCLA

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 Environmental Response, Compensation and...

Comment: Obtaining a Declaratory Judgment under CERCLA: Should the Past Control the Future?

By Rachael A. Doyle Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") to address and remedy the improper disposal of toxic and hazardous wastes. Since its enactment, CERCLA has been highly criticized for its ostensibly high transaction...

Pepper Hamilton Client Alert: Fourth Circuit Brownfields Decision Stops Short of Worst-Case Outcome

By Jane C. Luxton and Todd C. Fracassi, Partners, Pepper Hamilton LLP In a closely watched Superfund case decided April 4, 2013, the Fourth Circuit Court of Appeals interpreted the scope of landowner liability protections Congress put in place in 2002 to "promote the cleanup and reuse of brownfields...

9th Circuit Determines that EPA Letters Trigger Insurer’s Duty to Defend

By Rebecca L. Ross , Charles A. Jones , Jennifer Mathis , Matthew M. Morrissey On August 30, 2013, the U.S. Court of Appeals for the Ninth Circuit issued an opinion on a contentious environmental insurance coverage issue that has divided state and federal courts. Specifically, in Anderson Brothers...