News & Analysis as of

Judicial Review Comprehensive Environmental Response, Compensation and Liability Act

Lowenstein Sandler LLP

Recoverability of State Response Costs to Be Determined Under an Arbitrary and Capricious Standard of Review Limited to the...

Lowenstein Sandler LLP on

On May 30, the United States District Court for the Central District of California determined that judicial review of whether state response costs are recoverable under Section 107(a)(4)(A) of the Comprehensive Environmental...more

Dorsey & Whitney LLP

The Supreme Court - April 20, 2020

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued the following three opinions: Thryv, Inc. v. Click-To-Call Technologies, LP, No. 18-916: Patent challengers are able to ask the U.S. Patent and Trademark Office (“PTO”)...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

Foley & Lardner LLP

“Clearing” the Waters – U.S. EPA and the Army Corps Finalize “Waters of the United States” Definition

Foley & Lardner LLP on

On May 27, 2015, the United States Environmental Protection Agency (“U.S. EPA”) and the United States Army Corps of Engineers (“Corps”) issued their highly anticipated final revision to the definition of “waters of the United...more

Davis Wright Tremaine LLP

CERCLA Settlements Get a Different Look: the Ninth Circuit May Have Set a New Level of Scrutiny in State of Arizona v. Tucson

The Ninth Circuit has further defined the level of scrutiny required by a court when evaluating settlements under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In State of Arizona v. City...more

BakerHostetler

Seventh Circuit Opens the Door for Judicial Review of Citizen Suits Challenging Completed Portions of Ongoing CERCLA Cleanups

BakerHostetler on

The Seventh Circuit Court of Appeals has opened the door for judicial review of CERCLA citizen suits challenging the completed portions of some cleanup actions even when cleanup at the site is ongoing. The case is Frey v....more

Foley Hoag LLP - Environmental Law

CERCLA’s Dark Pathways Around Due Process

Most people would assume that, when the United States takes action directly impacting an individual, constitutional due process would ensure that individual has an opportunity to test the government’s action in court. That...more

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