The federal Superfund statute allows a private person to recover “necessary costs of response incurred” by that person consistently with the governing regulation, the national contingency plan. A recent appellate
Continue Reading What Does It Take to ‘Incur’ a Cleanup Cost Under CERCLA?CERCLA
April 10-11 EVENT | Pennsylvania Bar Institute’s Annual Environmental Law Forum 2024
Greenberg Traurig is proud to be a sponsor and a member of the planning team for the Pennsylvania Bar Institute’s Annual Environmental Law Forum, taking place April 10-11, 2024.
Continue Reading April 10-11 EVENT | Pennsylvania Bar Institute’s Annual Environmental Law Forum 2024Is One Dollar Enough Under CERCLA?
Many Superfund practitioners have spent years litigating cases in which a private plaintiff seeks to establish that defendants are liable for costs of responding to a Superfund problem and that…
Continue Reading Is One Dollar Enough Under CERCLA?The Last Year in CERCLA: Practitioners Should Take Note
I was asked earlier this month to condense into an eight-minute presentation what a particular group of senior environmental lawyers “ought to know about developments in Superfund since October 2022…
Continue Reading The Last Year in CERCLA: Practitioners Should Take NoteWhat Difference Will Listing ‘Forever Chemicals’ as Hazardous Substances Make?
The Environmental Protection Agency has proposed to list two “forever chemicals”—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or…
Continue Reading What Difference Will Listing ‘Forever Chemicals’ as Hazardous Substances Make?Environment, Energy, and Resources Law: The Year in Review 2021
Greenberg Traurig Tampa office Shareholders David Weinstein and Christopher Torres and Associate Kayli Smendec co-authored the chapter titled “Environmental Enforcement and Crimes” in Environment, Energy, and Resources Law: The Year…
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E2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2A
Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a second conversation on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability…
Continue Reading E2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2A
The Infrastructure Investment and Jobs Act and Remedial Programs
Known colloquially as the BIF—the bipartisan infrastructure framework—or sometimes as the “bipartisan infrastructure bill,” even though it is no longer a bill, IIJA authorizes over a trillion dollars to an
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A Conversation About ‘Fairness’ in Superfund Allocation
Superfund lawyers often confront vexing problems in allocating responsibility among parties jointly and severally liable under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Litigation cost is prominent among…
Continue Reading A Conversation About ‘Fairness’ in Superfund Allocation
Neighbors’ Tort Claims Even After a Cleanup
When one cleans up contaminated property, often the cleanup calls for a neighbor to allow some action to address contamination migrating onto that neighbor’s property. A case from the Court…
Continue Reading Neighbors’ Tort Claims Even After a Cleanup