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Results:1-10 of 45

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


Environmental nuisance claims it helps to have experts
  • Foley Hoag LLP
  • USA
  • July 18 2013

The old warning that "past performance is no guarantee of future results" apparently applies not only to investments but also to environmental


The real risk of unregulated air pollution
  • Foley Hoag LLP
  • China
  • July 9 2013

Sometimes the most valuable research turns out to be a confirmation of the obvious. Fitting that bill is the study released yesterday in the


What to do when you are issued a CERCLA injunction to perform a $1.5 billion cleanup Lower Fox River superfund update
  • Foley Hoag LLP
  • USA
  • June 12 2013

In a 78 page decision in the Lower Fox River Superfund case issued last month, the federal court issued an injunction against NCR Corp. and three


CERCLA liability for relocation of hazardous waste is there any limit?
  • Foley Hoag LLP
  • USA
  • June 4 2013

Just as tortfeasors take their victims as they find them, s0 PRPs take their hazardous waste sites as they find them. This rule has been around


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


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


Superfund liability for the repair of a useful product
  • Foley Hoag LLP
  • USA
  • May 14 2013

A few months ago, I blogged on the decision in Duke Energy Progress Inc. v. Alcan Aluminum Corporation where a court held that a company would not be


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


PCS Nitrogen Inc. v. Ashley II of Charleston: required reading for superfund lawyers
  • Foley Hoag LLP
  • USA
  • April 9 2013

The Fourth Circuit handed down a primer on CERCLA liability last week in PCS Nitrogen Inc. v. Ashley II of Charleston. It should be required reading