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?Superfund
Is One Dollar Enough 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?The Last Year in CERCLA: Practitioners Should Take Note
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 NoteA Brief Overview of the Superfund Chemical Excise Tax
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…
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E2 Law Podcast: Episode 18 | ‘Fairness’ in Superfund Allocation Matters, Part 2B
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…
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E2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2A
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
A Conversation About ‘Fairness’ in Superfund Allocation
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…
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‘RACER Trust’ and the Concinnity of CERCLA Sections 107 and 113
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),…
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Jillian Kirn to Participate in Webinar on Resolving Superfund Liability and Protecting PRP Interests
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 …
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Some Problems With Superfund Settlement Premiums
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…
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