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
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 April 20, the United States Supreme Court decided that Montana homeowners within a Superfund site could seek to recover the costs of restoration of their land to its uncontaminated
Continue Reading The Supreme Court Allows State Law Claims for More Cleanup on Superfund Sites . . . Sometimes
From the first days of Superfund litigation, lawyers and courts have complained that Congress did not distinguish itself when drafting the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42
Continue Reading The Superfund Contribution Mind Pretzel…or One of Them
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
When many parties are jointly and severally liable for the same contamination problem, not every one of those parties can pay more than its fair share of that joint liability
Continue Reading Credits for Superfund Settlement Payments and What That Means for Settlement Strategy
On April 26, 2019, the Pennsylvania Environmental Hearing Board (EHB) voided two amendments to a prospective purchaser agreement (PPA) for the Bishop Tube Site entered into in 2007 and 2010.
Continue Reading Pennsylvania Prospective Purchasers of Contaminated Property and Their Administrative Records
Section 400(h) of the National Contingency Plan (NCP) contains an unremarked, yet problematic, last sentence. The NCP, of course, governs response actions under the federal Comprehensive Environmental, Response, Compensation and
Continue Reading Can a State Provide Oversight Under a Federal CERCLA Order or Decree?
There are over 1,300 sites listed on the Environmental Protection Agency’s National Priorities List of contaminated sites that require cleanup, over a hundred of which are located in Pennsylvania. In
Continue Reading What You Need to Know About the Superfund Task Force’s Recommendations