Since January, the new national administration has engaged in a large number of actions addressing scores or hundreds of regulations and programs, including environmental and energy programs. However, environmental lawyers have surely noticed that the federal Superfund program under the Comprehensive Environmental Response, Compensation and Liability Act seems to have escaped direct attention.
Continue Reading Superfund Is Unscathed So Far—What Does That Imply?
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.
Continue Reading NY’s Superfund Law Poised for Overhaul: Aligning with CERCLA and Accounting for Environmental Justice
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?
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
As the April column in this series pointed out, the Infrastructure Investment and Jobs Act of 2021 reinstituted the Superfund chemical excise tax. Somehow, more than a few of our
Continue Reading A Brief Overview of the Superfund Chemical Excise Tax
In Part 2B of Greenberg Traurig Environmental Shareholder David Mandelbaum’s conversation with William Hengemihle of FTI Consulting on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act
Continue Reading E2 Law Podcast: Episode 18 | ‘Fairness’ in Superfund Allocation Matters, Part 2B
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
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
The Biden administration continues to make many major environmental policy actions aimed at climate change, enforcement, and several other issues. GT continues to track these changes in key areas on
Continue Reading TRANSITION THOUGHTS: How Will President Biden’s Elevation of Environmental Justice Within the EPA Affect Your Permitted Facility or Redevelopment Project?