News & Analysis as of

Damages Comprehensive Environmental Response, Compensation and Liability Act

Mitchell, Williams, Selig, Gates & Woodyard,...

Acquisition of Contaminated Property: Federal District Court Addresses Allocation of Cleanup Costs

The U.S. District Court for the Eastern District of Wisconsin (“Court”) addressed in a January 28th Opinion issues arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C....more

Farella Braun + Martel LLP

What's At Stake As 9th Circ. Eyes Cultural Resource Damages

On April 17, 2025, the Ninth Circuit Court of Appeal will hear oral argument in Pakootas v. Teck Cominco on a question that has plagued CERCLA NRD practitioners and parties for years, if not decades:  whether cultural...more

Goldberg Segalla

Trial and Juror: 3M and Dupont Move to ‘Bench’ NJDEP PFAS Case

Goldberg Segalla on

In 2019, the New Jersey Department of Environmental Protection (NJDEP) brought suit against Dupont and 3M seeking clean-up, removal, and costs for what NJ officials claimed was more than 100 years of indiscriminate dumping of...more

Lowenstein Sandler LLP

Without Actual Collection of Damages, Mere CERCLA Liability Not Barred as Double Recovery, Says Ninth Circuit Ground Water Quality...

Lowenstein Sandler LLP on

On April 15, in Santa Clarita Valley Water Agency v. Whittaker Corp., et al., No. 22-55727, slip op., -- F.4th – (9th Cir. 2024) (SCVWA), the U.S. Court of Appeals for the Ninth Circuit (Court of Appeals) held that in a...more

Integral Consulting Inc.

U.S. Department of the Interior Proposes Revisions to NRDA Regulation Type A Rule

On Friday, the U.S. Department of the Interior (DOI) announced proposed changes to certain methods used to assess natural resource damages for hazardous substance releases under the Comprehensive Environmental Response,...more

Pillsbury - Gravel2Gavel Construction & Real...

Rulemaking to Modernize, Expand DOI’s “Type A” Natural Resource Damage Assessment Rules Expected Fall 2023

The U.S. Department of the Interior (DOI) anticipates proposing a new rule that would revise its “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response, Compensation, and...more

Latham & Watkins LLP

DOI Seeks Comments on Proposal to Expand Natural Resource Damage Assessment Procedures

Latham & Watkins LLP on

The advanced notice of proposed rulemaking signals DOI’s interest in developing faster and more cost-effective methods to quantify natural resource damage claims. On January 18, 2023, the US Department of the Interior...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Price Anderson Act/Damage Claims: Federal Court Addresses Preemption Scope

The United States District Court for the Southern District of Illinois (“Court”) addressed in a June 29th Memorandum and Order (“Order”) certain issues arising out of a class action alleging a plant operating in Metropolis,...more

Sheppard Mullin Richter & Hampton LLP

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Issues Major Cercla Decision Finding That Arranger Liability Cannot Be Based On Contamination Deposited On A Site By The Wind - Pakootas v. Teck Cominco Metals, No. 15-35228, 2016 U.S. App. LEXIS 13662 (9th...more

Williams Mullen

Environmental Notes - March 2016

Williams Mullen on

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

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