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Some Perspective and Recent Developments Regarding Superfund’s Transactional Defenses

Posted on December 21, 2011 by Jeff Civins To encourage Brownfields development, Congress amended Superfund to add three transactional defenses to.... Read More

Superfund Defenses that Matter — EPA’s New Enforcement Guidance on “Affiliation” for Landowner Defenses

Posted on December 15, 2011 by Kenneth Gray Sophisticated buyers of contaminated and potentially contaminated property (and their counsel) typically take.... Read More

Settle or Try the Case?

Posted on November 14, 2011 by John Barkett Every Superfund allocation action involves a “settle or try” decision at some point. .... Read More

WILL THE SUPREME COURT TAKE THE OPPORTUNITY TO DECIDE WHETHER COMPELLED COSTS OF RESPONSE ARE RECOVERABLE UNDER CERCLA §113(F), §107(A) OR BOTH?

Posted on October 26, 2011 by William Session In Morrison Enterprises, LLC v. Dravo Corporation, the Eighth Circuit held that a party.... Read More

Supreme Court Asked to Clarify Superfund Cost Recovery Options

Posted on October 14, 2011 by Daniel Riesel This fall, the United States Supreme Court will decide whether to revisit a.... Read More

Nexus Under the N.J. Spill Compensation and Control Act

Posted on September 3, 2011 by William Hyatt Many practitioners, along with the New Jersey Department of Environmental Protection, assumed, until.... Read More

CERCLA “CONTINUING OBLIGATIONS” — THE NEW ASTM STANDARD

Posted on August 29, 2011 by Kenneth Gray ASTM has just given birth to a new standard for contaminated property –.... Read More

Assessing the Assessor: Are We Headed to Heightened Scrutiny of the Phase I Environmental Site Assessment?

Posted on July 19, 2011 by Charles Efflandt Phase I Environmental Site Assessments (Phase I ESAs) are conducted: (1) to assess.... Read More

Contract Fails To Protect Seller From CERCLA Liability After Expiration Of Indemnity For Environmental Claims

Posted on June 14, 2011 by Jose R. Allen Since the passage of CERCLA, practitioners have been keenly aware of the.... Read More

The Continuing Saga of Cost Recovery and Contribution Claims Under CERCLA Sections 107 and 113

Posted on May 4, 2011 by Jarred O. Taylor, II In his July 8, 2010 ACOEL blog entry, Fournier “Boots” Gale of.... Read More