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Manko, Gold, Katcher & Fox, LLP (MGKF) is an environmental, energy, safety, land use law and litigation firm spanning the full range of regulatory…
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Manko Gold Katcher & Fox | USA | 30 Sep 2021

Sixth Circuit Holds that GE’s Sale of Railcars and Transformers to Railroad Does Not Give Rise to CERCLA Operator or Arranger Liability

The Sixth Circuit’s recent decision in American Premier Underwriters v. General Electric Company addressed the sometimes murky question under CERCLA…
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Manko Gold Katcher & Fox | USA | 23 Sep 2021

NJDEP Issues Administrative Order to Require Environmental Justice Review Process to Permit Applications in Overburdened Communities Pending Adoption of New Regulations

In light of the lengthy and ongoing process for adopting regulations to implement the new landmark New Jersey Environmental Justice Law (the "EJ…
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Manko Gold Katcher & Fox | USA | 10 Sep 2021

Seventh Circuit Vacates Trial Court’s Decision to Apportion Liability from Commingled Groundwater Plume

On September 3, 2021, the United States Court of Appeals, Seventh Circuit, vacated the lower court’s determination that liability for remediating the…
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Manko Gold Katcher & Fox | USA | 3 Sep 2021

Regulatory Considerations In Response to Extreme Weather Events

Hurricane Ida and its remnants have caused widespread impacts across much of the Eastern United States. New Jersey and Pennsylvania in particular…
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Manko Gold Katcher & Fox | USA | 26 Aug 2021

United States is not Released From $65 Million WWII-Era Avgas Liability

On August 19, 2021, the U.S. Court of Federal Claims issued yet another decision rejecting the government’s effort to avoid responsibility for…
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Manko Gold Katcher & Fox | USA | 24 Aug 2021

Second Circuit Holds CERCLA Claims Were Prudentially Ripe Despite Ongoing PRP Investigation by EPA

On Wednesday, August 18, 2021, the U.S. Court of Appeals for the Second Circuit vacated a district court order dismissing claims for violations of…
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Manko Gold Katcher & Fox | USA | 14 Aug 2021

Res Judicata No Bar To Second Suit for Remediation Costs Incurred After Filing of First Complaint

On August 4, 2021, the U.S. Court of Appeals for the Federal Circuit rebuked the Government’s “overly technical” attempt under res judicata to avoid…
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Manko Gold Katcher & Fox | USA | 9 Aug 2021

MDL Court Holds Allegations Against Foreign Parent Entity Sufficient for Personal Jurisdiction but Insufficient for Liability

On August 3, 2021, in the Methyl Tertiary Butyl Ether (“MTBE”) MDL the Court ruled that while the Commonwealth of Pennsylvania's alter ego…
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Manko Gold Katcher & Fox | USA | 12 Jul 2021

Ninth Circuit Holds Sovereign Immunity Protects Tribe From Suit Under The Clean Water Act

On June 23, 2021, the Ninth Circuit, in directing the lower court to dismiss a citizen’s suit claim under the Clean Water Act (“CWA”), held that the…
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Manko Gold Katcher & Fox | USA | 7 Jul 2021

Third Circuit Holds that Air Emission Exceedances Governed by a Permit Are Not Subject to a Duplicative CERCLA Reporting Requirement

A three-judge panel of the Third Circuit held on January 29, 2021 that air emission exceedances governed by a state air permit and duly reported…
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