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Fifth Circuit Affirms $81 Million Clean Water Act Civil Penalty

USA - March 14 2018 Last month, in U.S. v. CITGO Petro. Corp., 711 Fed. Appx. 237 (5th Cir. 2017), the United States Court of Appeals for the Fifth Circuit affirmed an…

New Jersey Appellate Division Rules That Remediation Efforts May Lead to Spoliation of Evidence

USA - November 2 2016 On Halloween, the New Jersey Appellate Division issued a potentially "scary" ruling and cautionary tale for owners of contaminated property who first…

New Jersey PACT - Regulatory Activity to Expect in 2021 for Control of Greenhouse Gas Emissions and Land Use Regulation

USA - January 11 2021 This year will be busy for NJDEP, with the state's wide-ranging efforts to address climate change moving into a rulemaking phase. New Jersey's…

Carol F. McCabe

Ninth Circuit Holds Historic RCRA Settlement Did Not Trigger 3-Year Statute of Limitations for CERCLA 113 Contribution Claims

USA - October 16 2017 The federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), better known as Superfund, provides private parties with…

Ninth Circuit Affirms CERCLA 104(e) Information Request Triggers Insurer’s Duty to Defend

USA - May 12 2016 As part of EPA's investigation of a Superfund site, EPA typically issues a 104(e) information request to any person or entity that EPA believes to…