Articles on CERCLA

CERCLA’s contribution protection guidances: A problematic policy that may violate due process By Alfred R. Light Environmental Law, September 2015 A look at how the Environmental Protection Agency and Department of Justice have been advocating what appears to be an unconstitutional policy.
All appropriate inquiries into land acquisitions By Gene Schmittgens Environmental Law, June 2011 All appropriate inquiry requires that the purchaser perform a Phase I assessment which conforms with either the requirements of ASTM 1527-05, or the regulations promulgated by EPA.
All appropriate inquiries into land acquisitions By Gene Schmittgens Business Advice and Financial Planning, February 2011 Recently, two district court opinions have examined the Bona Fide Prospective Purchaser defense and what is required to maintain the defense: 3000 E. Imperial, LLC, v. Robertshaw Controls Co., et al., and Ashley II of Charleston LLC v. PCS Nitrogen, Inc.
Equipment lessor deemed an “owner” under CERCLA, is liable for remediation costs By James A. Vroman & Genevieve J. Essig Environmental Law, October 2010 The recent case of United States v. Saporito provides a new perspective on who could be held liable for a release of hazardous substances as an “owner” under CERCLA.
New CERCLA settlement obstacles By Robert Olian Environmental Law, September 2010 A look at the recently decided case of Agere Systems, Inc., et al. v.Advanced Environmental Technology Corporation, et al, which will have a broad-reaching effect on potentially responsible parties.
Burlington Northern & Santa Fe Railway Co. v. U.S.: New rules for CERCLA arranger liability By Raymond T. Reott & Becky J. Schanz Environmental Law, July 2009 Even in an established area of law like CERCLA, there is room for revolutionary change.
Encased asbestos: Dangerous or safe? By Becky J. Schanz Environmental Law, April 2009 A recent Seventh Circuit opinion addressed a seller’s potential liability for asbestos that remains within a building after it is sold.
Is there a private cause of action under the Illinois Environmental Protection Act? A curious history of an interesting issue By John L. Leonard Environmental Law, December 2008 Recent state and federal cases say no, there is no private cause of action under the IEPA.
United States Supreme Court to resolve split in circuits over implied right of contribution under Section 107(a) of CERCLA By Joseph R. Podlewski, Jr. Environmental Law, April 2007 Until the Supreme Court rules in the Atlantic Research case, the Seventh Circuit’s decision in Metropolitan Water Reclamation District of Greater Chicago v. North American Galvanizing & Coatings, Inc. establishes the law for CERCLA litigants in Illinois. 
Voluntary cleanups: A risky alternative to CERCLA litigation By Jorge Mihalopoulos Environmental Law, March 2005 With the Superfund dwindling and state and federal governmental resources becoming increasingly limited, it now more than ever appears appropriate to avoid costly CERCLA litigation by encouraging potentially responsible parties (PRPs) to investigate and cleanup contaminated property voluntarily.

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