On March 2, 2010, the EPA listed the Gowanus Canal in Brooklyn on the National Priorities List (NPL), making it a federal Superfund site. The New York State Department of Environmental Conservation urged EPA to consider
The District Court for the District of Maine relied on the Supreme Court’s recent decision in Burlington Northern & Santa Fe Railway Co. v. United States, No. 07-1601, –U.S.– (U.S. May 4, 2009) (“BNSF”), in denying a motion to
In a recent decision in In Re Methyl Tertiary Butyl Ether (“MTBE”) Products Liability Litigation (“In re MTBE”), No. 00 MDL 1898, and related case City of New York v. Exxon Mobil Corporation, No. 04 Civ. 3417 (S.D.N.Y. July 14, 2009), the District Court for the Southern District of New York relied
Following our recent posts on the Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. United States, No. 07-1601, –U.S.– (U.S. May 4, 2009) (”BNSF“), this post will discuss the implications of
Burlington Northern & Santa Fe Railway Co. v. United States: The Supreme Court Clarifies the Requirements for “Arranger” Liability and Allocation of Liability in CERCLA Cases – Part II.
As discussed in our prior posting, the Supreme Court recently clarified the requirements for “arranger” liability and allocation of liability in CERCLA cases in Burlington Northern & […]
Burlington Northern & Santa Fe Railway Co. v. United States: The Supreme Court Clarifies the Requirements for “Arranger” Liability and Allocation of Liability in CERCLA Cases – Part I.
The Supreme Court recently clarified the requirements for “arranger” liability and allocation of liability in CERCLA
The Western District of Washington also recently followed the holding from the Aviall case. See Port of Tacoma v. Todd Shipyards Corp., 2009 U.S. Dist. LEXIS 5884 (W.D.Wa., January 14, 2009). The Port of Tacoma sued Todd Shipyards in a contribution action under CERCLA § 113(f) for
In a recent Second Circuit decision, W.R. Grace & Co. v. Zotos International, No.: 05-cv-2798 (March 4, 2009), the Court followed two recent Supreme Court decisions on the oft-contested issue of when and under what sections of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) (the “Superfund” statute) a potentially responsible party (“PRP”) can […]
Environmental Requirements: Traditionally the term used is “Environmental Law,” but “Requirements” is more accurate as the definition goes beyond statutes and regulations.
A major problem with definitions of environmental terms in commercial and real estate transaction documents is that they become overly inclusive, confusing, and unworkable. A definition of “hazardous materials” which includes virtually every substance known to man in any amount at any concentration, will be impossible to satisfy
