By Andrew H. Perellis, Jeryl L. Olson, and Patrick D. Joyce
Seyfarth Synopsis: Consider this hypothetical. Acme Company’s historic operations has contaminated its property and those of its adjacent neighbors. Acme is undertaking a CERCLA remedy under the oversight of U.S. EPA which the neighbors find inadequate, so the neighbors join together and sue in state court
Continue Reading SCOTUS Holds Common Law Claims Seeking Restoration Require EPA’s Approval if CERCLA Remediation is Ongoing
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, Philip L. Comella, and Craig B. Simonsen
The Court found that the only issue for resolution was whether there was any evidence that the defendant, an “innocent purchaser,” was liable for the alleged re-contamination of a former Superfund site.
U.S. District Judge Ron Clark recently adopted Magistrate Judge Keith F. Giblin’s Report and Recommendations and
Continue Reading Innocent Purchaser Defense Wins Summary Judgment in Texas District Court
By James L. Curtis, Meagan Newman, Patrick J. Bannon, Barry J. Miller
In a recent Client Alert, Jim Curtis and Meagan Newman discuss workplace safety issues in the wake of Hurricane Sandy. Employers need to keep in mind that storm cleanup poses significant hazards that must be addressed. Employees may be asked to perform tasks, or volunteer
Continue Reading After the Storm: Workplace Safety and Wage & Hour Considerations