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Challenge to Superfund Settlement Rejected by First Circuit, Highlighting CERCLA Risks to Non-Settling PRPs

USA - February 27 2021 The First Circuit recently affirmed the District of Rhode Island’s approval of a superfund consent decree entered into between the United States…

NJ Claims for Natural Resource Damages Likely to Continue in 2021

USA - January 11 2021 Natural resource damages (NRD) appear to remain a priority of the Murphy administration, and consistent with the past two years, we expect to see…

Nicole R. Moshang.

Southern District of Texas’s Opinion Offers a Look Behind the CERCLA Allocation Curtain

USA - October 24 2020 On August 19, 2020, the United States District Court for the Southern District of Texas issued what it hoped was “the third, and should be the last…

Eleventh Circuit Finds CERCLA’s Discovery Tolling Provision Does Not Apply to Personal Injury Claims Subject to the Price-Anderson Act

USA - September 3 2020 Earlier this week the Eleventh Circuit issued a published decision in Pinares v. United Technology Corporation, No. 18-15104, slip op. (11th Cir. Aug…

Third Circuit Revives Class Action Odor Lawsuit Against Pennsylvania Landfill

USA - July 20 2020 This week the Third Circuit issued a precedential opinion reversing the Eastern District of Pennsylvania’s decision granting Bethlehem Landfill…