Superfund liability for the repair of a useful product *

USA - May 14 2013
A few months ago, I blogged on the decision in Duke Energy Progress Inc. v. Alcan Aluminum Corporation where a court held that a company would not be…

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What response costs are necessary under CERCLA *

USA - April 24 2013
In a post last year, I discussed what I I thought was the dubious dismissal of a CERCLA cost recovery action in Stratford Holding, LLC v. Fog Cap…

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PCS Nitrogen Inc. v. Ashley II of Charleston: required reading for superfund lawyers *

USA - April 9 2013
The Fourth Circuit handed down a primer on CERCLA liability last week in PCS Nitrogen Inc. v. Ashley II of Charleston. It should be required reading…

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Words matter — settlement agreements should be enforced as written *

USA - April 2 2013
Sometimes you read a decision and it's hard to understand how there really were two plausible sides to the dispute. Arrowood Indemnity Company v The…

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CERCLA’s act of war defense — potential collateral damage. *

USA - March 27 2013
For the first time in CERCLA's history, a court has concluded that a Superfund claim was barred by the "act of war" defense. In that case, In Re…

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