By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: Businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Superfund “Recommendations” will need to stay attuned and involved with what the Agency is doing relating to your interests.
Continue Reading EPA Task Force Report to Revitalize the Superfund Program
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Northern District of Indiana rejected the insurer’s assertion that its pollution exclusion clauses unambiguously included all contaminants.
Indiana, unlike other jurisdictions, is pro-insured when it comes to providing coverage for damages arising from pollution events. This is so even where the insurance policy
Continue Reading Despite Pollution Exclusion, Insurer On Hook for Contamination in Indiana
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The 9th Circuit confirmed that an EPAs request for information letter investigating a Superfund cleanup site is a “suit” triggering an insurer’s duty to defend.
This week, the Ninth Circuit Court of Appeals affirmed a District Court decision that an information request issued by
Continue Reading Circuit Court Says Superfund Request for Information Triggers Insurer’s Defense Obligation
By Andrew H. Perellis and Patrick D. Joyce
The Ninth Circuit Court of Appeals recently held that a district court must provide deeper scrutiny to Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §9601 et seq. (1980), consent decrees.
The August 1, 2014 decision in State of Arizona v. Ashton Company Inc. Contractors and Engineers, et al.,
Continue Reading Ninth Circuit Puts the Brakes on CERCLA Settlement Process
By Andrew H. Perellis, Philip L. Comella, and Craig B. Simonsen
The U.S. Environmental Protection Agency has recently released its “Revised Policy on Managing the Duration of Remedial Design/Remedial Action Negotiations” (Revised Policy). The Revised Policy contains the Office of Site Remediation Enforcement’s (OSRE) procedures for reducing the duration of remedial design/remedial action (RD/RA) negotiations. The stated
Continue Reading Revised Policy on Managing the Duration of Superfund Negotiations