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Federal court rules CAARCRA enforcement action exempt from bankruptcy stay

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 20 2012

A federal court in West Virginia has ruled that the U.S. government may proceed with a Clean Air Act (CAA) and Resource Conservation and Recovery Act (RCRA) enforcement action, even though defendant and its subsidiaries have filed for bankruptcy

Fifth Circuit affirms denial of remediation cost claim from bankrupt company’s escrow account

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 1 2011

The Fifth Circuit Court of Appeals has affirmed decisions of the bankruptcy court and a federal district court that the purchaser of a bankrupt company’s assets cannot recover the costs of environmental remediation from an escrow account established as part of the purchase agreement