Topic
Superfund
123 published works
The Northwest Policyholder
Oregon Federal Court: Participation in Superfund Site ADR Part of Defense Obligation
By Seth Row
Judge Marco Hernandez recently issued his rulings after a bench trial in the long-running Ash Grove Cement Co v. Liberty Mutual et al. environmental coverage litigation. In 2008 Ash Grove…
The Northwest Policyholder
Insurer Gets Creative Seeking to Defeat SB 814 Independent Counsel Provision
By Seth Row
Insurer CNA has filed its brief in the long running Schnitzer coverage litigation concerning defense coverage at the Portland Harbor Superfund Site and it's interesting reading. The issue here is not the…
The Northwest Policyholder
Alabama Federal Trial Court Dismisses Bad Faith Claim Over Defense of PRP Letter
By Seth Row
One of the issues that we cover closely is environmental coverage litigation, and particularly coverage issues similar to the coverage fights that are taking place about the massive Portland Harbor…
frESH
First Appellate Court Ruling on Superfund Bona Fide Prospective Purchaser Defense Highlights Risks of Post-Acquisition Conduct
In the first appellate court ruling to address the post-closing obligations of a party asserting the Superfund bona fide prospective purchaser (BFPP) defense, the U.S. Court of Appeals for the…
From the Ground Up
PCS Nitrogen Inc. v. Ashley II of Charleston: Prospective Purchasers Beware
By Miller Nash Graham & Dunn LLP
On April 4, 2013, the Fourth Circuit Court of Appeals issued the first appellate decision interpreting the "bona fide prospective purchaser" ("BFPP") defense. The BFPP defense exempts certain qualified individuals…
Science, Law & the Environment
Breaking: EPA Releases Proposed Plan for the Duwamish Superfund Site
By Doug Steding
Hot off the presses (or even not off the presses considering it was posted the day before the date on the document), the Proposed Plan for the Duwamish River Superfund…
Real Property & Environmental Law Alert
A Super Step in Superfund Regulation? Time Will Tell: EPA Releases Guidance on Negotiation of RD/RA at Superfund Sites and a Revised Settlement Approach for Alternate Sites
In the controversial area of Superfund regulation, the United States Environmental Protection Agency (“EPA”) appears to be making steps toward more successful and more efficient negotiation of remedial design (“RD”)/remedial…
frESH
USEPA Expands Enforcement Guidance To Protect More “Bona Fide” Tenants Under CERCLA
On December 5, 2012, USEPA issued revised guidance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that expands protections for tenants that might otherwise be held liable for…
Workplace Safety and Environmental Law Alert Blog
Can a Tenant Occupy Contaminated Property and be Protected from Superfund Liability?
By Andrew H. Perellis, Jeryl L. Olson, and Eric E. Boyd To promote brownfield development, in 2002, the Congress provided the Bona Fide Prospective Purchaser defense under the Comprehensive Environmental…
InsureReinsure
Four Years Later: How Has BNSF Changed CERCLA Practice?
Liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, otherwise known as the Superfund statute) is strict, and in most cases joint and several. The total cost for…