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 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?
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
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
Continue Reading The Infrastructure Investment and Jobs Act and Remedial Programs
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