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
When one cleans up contaminated property, often the cleanup calls for a neighbor to allow some action to address contamination migrating onto that neighbor’s property. A case from the Court
Continue Reading Neighbors’ Tort Claims Even After a Cleanup
The Biden-Harris administration is quickly establishing new federal environment requirements affecting commercial property owners and managers. These requirements, along with changes occasioned by the COVID-19 pandemic, raise a host of
Continue Reading The Top 5 New Environmental Issues for Commercial Property Owners or Managers
When your neighbor’s property is contaminated, the environmental regulators may want access to your property to investigate whether the contamination has affected your property. You may have business reasons not
Continue Reading Penalties Under CERCLA for Denying EPA Access to Test
CERCLA Section 113(f) authorizes contribution claims among parties jointly and severally liable for the same response actions or costs. Section 113(f)(1) goes on to provide that “in resolving contribution claims,
Continue Reading The Fairest of Them All: Advocating CERCLA Allocation
NOTE: The EPA will be hosting a webinar on this topic on Nov. 2 at 2:00 p.m. EST.
On Oct. 18, 2021, United States Environmental Protection Agency (EPA) Administrator
Continue Reading Potential Impact of EPA’s PFAS Strategic Roadmap on CERCLA Cleanups
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
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