When a private CERCLA plaintiff fails to serve the complaint on the Attorney General and EPA as required by Section 113(l), a recent Southern District of Indiana decision suggests the sanction may be an enhanced share in the final cost allocation.
Continue Reading When a Private CERCLA Plaintiff Does Not Give Notice to the Government
Buyers of contaminated real estate may wish to avoid Superfund liability — and similar liability under Pennsylvania law — by conducting thorough pre-purchase environmental due diligence, commonly known as a “Phase I environmental site assessment.”
Continue Reading Does a Negligent Phase I Result in Loss of the CERCLA Innocent Purchaser Defense?
An appellate decision earlier this month addressing the cultural value of a fishery resource for purposes of a natural resources damages claim raises issues worth thinking about, not only with respect to NRD claims but also with respect to our own Environmental Rights Amendment.
Continue Reading The Cultural Value of Natural Resources
New York’s legislature has passed significant amendments to New York’s Environmental Conservation Law concerning the Inactive Hazardous Waste Disposal Site Remedial Program—commonly referred to as the State Superfund program.
The Nov. 5 election was not a good day for supporters of the current structure of environmental regulation. While I doubt that the burdens of environmental regulation figured prominently in
Continue Reading What Should the Environmental Regulatory Phoenix Look Like?
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?
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 2024
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?
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 Note
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?