We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 376

Post Aviall settlement jurisprudence -- back to the future
  • Foley Hoag LLP
  • USA
  • March 7 2012

Over the first two decades of CERCLA, the rule gradually emerged that parties which settled their liability were restricted to contribution claims under Section 113(f)(1) and would be entitled to contribution protection under Section 113(f)(c)(2


The intersection of subrogation and environmental law the Ninth Circuit’s tyranny of logic over common sense
  • Foley Hoag LLP
  • USA
  • March 19 2013

In a decision that exalts casuistry over common sense, the Ninth Circuit recently held that an insurer who reimbursed $2.4 million in CERCLA response


Massachusetts releases its revised solid waste master plan: are we really on a pathway to zero waste?
  • Foley Hoag LLP
  • USA
  • May 8 2013

On Tuesday, MassDEP announced release of its updated Solid Waste Master Plan, subtitled "Pathway to Zero Waste." The Plan's most significant


The Seventh Circuit still wrong: Bernstein v. Bankert
  • Foley Hoag LLP
  • USA
  • August 6 2013

Late last year I blogged on the dubious decision by the Seventh Circuit in Bernstein v. Blankert which held that a settling CERCLA party did not


Why trial courts are reluctant to exclude scientific evidence in toxic tort cases
  • Foley Hoag LLP
  • USA
  • May 21 2013

Environmental litigation, particularly toxic tort litigation, inevitably turns on scientific evidence about causation. Beginning with the Supreme


MassDEP proposes amendments to CO2 Budget Trading Regs to implement RGGI program changes
  • Foley Hoag LLP
  • USA
  • July 1 2013

On Friday, MassDEP released for public review and comment draft amendments to the CO2 Budget Trading Program regulations. These amendments are


Do liability policies, particularly pollution liability insurance policies, exclude coverage for all injunctions? The Fifth Circuit says no
  • Foley Hoag LLP
  • USA
  • May 22 2013

The Fifth Circuit handed down an important decision last week, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of


The Seventh Circuit cuts the Gordian knot of NSR interpretation: preconstruction review cannot lead to continuing violations
  • Foley Hoag LLP
  • USA
  • July 12 2013

Earlier this week, in United States v. Midwest Generation, the 7th Circuit Court of Appeals affirmed dismissal of EPA's NSR enforcement action


What response costs are necessary under CERCLA
  • Foley Hoag LLP
  • 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


Which is worse? EPA oversight or citizen oversight?
  • Foley Hoag LLP
  • USA
  • June 10 2013

Everyone who represents PRPs in Superfund settlements has his or her own horror stories regarding the scope of EPA's oversight cost claims. We all