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
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
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
This week the U.S. Food and Drug Administration (FDA) confirmed it had conducted a study finding that certain types of per- and poly-fluoroalkyl substances (PFAS) have entered American food and
Continue Reading FDA Findings on PFAS Chemicals in U.S. Food and Drinking Water Supply
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?
An appeal pending before the U.S. Court of Appeals for the Third Circuit asks whether CERCLA preempts state law claims for medical monitoring in Giovanni v. U.S. Department of the
Continue Reading Does CERCLA Preempt State Medical Monitoring Claims?
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
On Dec. 1, the Environmental Protection Agency (EPA) administrator signed a proposed rule, “Financial Responsibility Requirements under CERCLA § 108(b) for Classes of Facilities in the Hardrock Mining Industry
Continue Reading EPA Seeks to Impose Financial Responsibility Requirements on Hardrock Mine Operators