Is Death A Defense To CERCLA Liability?
In contrast to the early days of Superfund when no argument for extending CERCLA liability was too far-fetched, the Second Circuit recently rejected one of the all-time “Hail Mary” passes for CERCLA...
View ArticleCERCLA’s Three Year Statute of Limitations for Contribution Applies To...
Parties which settle environmental liability in a judicially approved settlement have three years from the date of that settlement in which to seek contribution even if the settlement is not a CERCLA...
View ArticleClik here to view.
Perhaps EPA’s NSR Enforcement Initiative Is Now Dead? EPA Loses Another
Last year, after a string of defeats for EPA in its NSR enforcement initiative, I suggested that the initiative was in trouble, but that EPA was probably not yet ready to concede defeat. After the...
View ArticleClik here to view.
CERCLA Remains Ridiculous: A Remedy In Operation For 18 Years Is “Short Term”
Far too frequently, we are reminded just how hard judges must work to save CERCLA from itself. The decision last week in California River Watch v. Fluor Corporation is the most recent compelling...
View ArticleClik here to view.
The Statute of Limitations Narrows a Bit More on PSD Violations: Sierra Club...
The law is full of fine distinctions. Today’s example? A divided 10th Circuit panel affirmed dismissal of the Sierra Club’s citizen suit claims against Oklahoma Gas and Electric concerning alleged...
View ArticleClik here to view.
It’s Better to Be the Plaintiff Than the Defendant in Massachusetts Superfund...
In the early days of Superfund, defense lawyers used to joke that all government lawyers had the same oral argument script. It was three sentences long. Good afternoon, your honor. My name is _____...
View ArticleClik here to view.
Injunctions In RCRA Citizen Suits — Broad, But Not Infinite
Two recent cases illustrate the potential scope of, and the potential limitations on, injunctive relief in RCRA citizen suits. First up, Schmucker v. Johnson Controls. Contamination was detected at...
View ArticleClik here to view.
It’s Still Good to Be King; SCOTUS Continues to Interpret CERCLA In Ways...
I have previously discussed how nice it must be for Supreme Court justices to reach judicial decisions from on high, without getting their collective hands dirty worrying about the practical...
View ArticleClik here to view.
I Love It When SCOTUS Reminds Me How Clear and Unambiguous CERCLA Is
Yesterday, the Supreme Court ruled that only settlements that explicitly resolve liability under CERCLA trigger the contribution provisions of section 113 of CERCLA. I have previously commented on the...
View ArticleClik here to view.
NSR Enforcement Lives On (For Now) — A Split Decision for Ameren
The 8th Circuit Court of Appeals has largely affirmed a District Court order finding that Ameren Missouri violated the NSR provisions of the Clean Air Act in making major modifications to its Rush...
View Article