Last month, the U.S. Court of Appeals for the Second Circuit decided Revitalizing Auto Communities Environmental Response Trust v. National Grid USA, No. 20-1931-cv (2d Cir. Aug. 18, 2021),
Continue Reading ‘RACER Trust’ and the Concinnity of CERCLA Sections 107 and 113
On Monday, the Supreme Court decided Territory of Guam v. United States, No. 20-382 (U.S. May 24, 2021), attempting to clarify which settlements with the United States or
Continue Reading Only CERCLA Settlements Trigger CERCLA Contribution: Guam v. US
Tune in to the latest episode of Greenberg Traurig’s Legal Environmental Insights podcast for analysis from GT Shareholders Bernadette Rappold and Christopher Torres on some of the most significant environmental
Continue Reading Legal Environmental Insights Podcast: Episode 11 | What the Largest Litigation Cases and Law Decisions of 2020 Mean to the Practitioner
Environmental Practice Shareholder Jillian C. Kirn of global law firm Greenberg Traurig, LLP will participate in a live 90-minute Strafford CLE video webinar with interactive Q&A on Tuesday, Jan. 12
Continue Reading Jillian Kirn to Participate in Webinar on Resolving Superfund Liability and Protecting PRP Interests
When a party “cashes out” of its liability to the government under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), under Environmental Protection Agency (EPA) guidance in place
Continue Reading Some Problems With Superfund Settlement Premiums
In ASARCO v. Atlantic Richfield, No. 18-35934 (9th Cir. Sept. 14, 2020), ASARCO entered into a consent decree under which ASARCO agreed to pay $111.4 million. ASARCO then sought
Continue Reading Ninth Circuit, in Narrow Holding, Limits Amount Recoverable in CERCLA Contribution Claim to Response Costs Already Incurred
This week, the Third Circuit issued an opinion in NJDEP v. American Thermoplastics Corp et al., No. 18-2865, which adds a new wrinkle on CERCLA section 113(f)(2), which
Continue Reading Third Circuit Considers the Scope of “Matters Addressed” in CERCLA Settlements
On Dec. 11, the House of Representatives passed S. 1790, the National Defense Authorization Act (NDAA) conference report. The Senate followed suit on Dec. 17, bringing an end
Continue Reading Congress Takes Initial Steps to Address PFAS in the National Defense Authorization Act Conference Report
State voluntary cleanup programs have facilitated the cleanup and reuse of contaminated commercial and industrial properties throughout the country. The benefits of cleaning up and reusing contaminated properties are difficult
Continue Reading Guidance for Voluntary Cleanups and Preserving Potential Contribution Rights
PFAS (perfluoroalkyl and polyfluoroalkyl substances) have been under scrutiny on both sides of the Capitol in recent months, and the Senate made significant headway in late June in reaching consensus
Continue Reading PFAS Solution Moving Through Congress on Must-Pass Defense Bill