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New Lawsuit Challenges DOJ Policy Prohibiting SEPs

USA - October 14 2020 The ongoing battle over Supplemental Environmental Projects (SEPs) - environmentally-beneficial, beyond-compliance projects that defendants agree to…

Bernadette M. Rappold.

Ninth Circuit, in Narrow Holding, Limits Amount Recoverable in CERCLA Contribution Claim to Response Costs Already Incurred

USA - September 16 2020 In ASARCO v. Atlantic Richfield, No. 18-35934 (9th Cir. Sept. 14, 2020), ASARCO entered into a Consent Decree under which ASARCO agreed to pay $111.4…

Third Circuit Considers the Scope of “Matters Addressed” in CERCLA Settlements

USA - September 11 2020 This week, the Third Circuit issued an opinion in NJDEP v. American Thermoplastics Corp et al., No. 18-2865, which adds a new wrinkle on CERCLA…

DOJ’s Attack on ‘Supplemental Environmental Projects’ Extends to Citizen Plaintiffs

USA - July 16 2020 The Department of Justice, in the last year, has altered its guidance related to supplemental environmental projects (SEPs), first prohibiting their…

Is There Still a Place for Supplemental Environmental Projects in Pennsylvania?

USA - May 10 2020 SEPs, which permit a defendant to undertake an environmentally beneficial project in lieu of paying penalties—or in exchange for reduced…