News & Analysis as of

Superfund Clean Air Act Comprehensive Environmental Response, Compensation and Liability Act

Foley Hoag LLP - Environmental Law

Superfund May Be Fundamentally Broken, But That Doesn't Mean that It Can't Be Improved

Because the risks posed by superfund sites pale in comparison to the risks posed by air pollution and broader water pollution issues regulated under the Clean Water Act, I have been and remain deeply skeptical of the Trump...more

Holland & Knight LLP

An Update on Climate Superfund Laws and Climate Change Lawsuits

Holland & Knight LLP on

In recent years, states and municipalities have attempted to hold fossil fuel companies liable for their alleged impacts on climate change. Numerous states and municipalities have sued fossil fuel companies, alleging that...more

Jenner & Block

Client Alert: New York Ushers in New Era of Climate Liability and Litigation with the Climate Change Superfund Act

Jenner & Block on

On February 6, 2025, twenty-two states and four energy industry organizations and businesses filed a lawsuit challenging New York’s “climate superfund” law. This law, signed on December 26, 2024 by New York Governor Kathy...more

Pillsbury Winthrop Shaw Pittman LLP

New York’s “Climate Superfund” Bill becomes Law, Part of a Trend

In a “paradigm shift in environmental liability,” some states are seeking to legislate financial responsibility on large coal and oil & gas companies for the public costs associated with strengthening infrastructure against...more

Jenner & Block

U.S. EPA’s Addition of 1-BP to CERCLA Hazardous Substance List Likely Precursor to Similar Actions on PFAS

Jenner & Block on

On April 8, 2022, U.S. EPA added the industrial solvent 1-bromopropane (1-BP) to its list of CERCLA hazardous substances; this listing was triggered by U.S. EPA’s decision to add 1-BP to the Clean Air Act’s list of hazardous...more

King & Spalding

Environmental Justice Rises to the Forefront of EPA Policy

King & Spalding on

EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more

Benesch

Superfund Defenses That The Government Hopes You Don't Know About, Part 2

Benesch on

The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability. Over time, many companies and their legal...more

Latham & Watkins LLP

EPA Will Not Require Financial Assurances From Electric Power Sector

Latham & Watkins LLP on

EPA’s decision to forego financial requirements will likely face opposition by eNGOs. On July 2, 2019, the US Environmental Protection Agency (EPA) published its proposed decision not to impose new financial responsibility...more

Holland & Knight LLP

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

Holland & Knight LLP on

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

Williams Mullen

Environmental Notes - July 2017

Williams Mullen on

On June 1, 2017, President Trump announced that the United States will withdraw from the Paris climate agreement (“Paris Agreement”). The Paris Agreement was signed by 195 countries in December of 2015. The goal of the...more

Morrison & Foerster LLP

Ninth Circuit Rejects CERCLA Liability for Air Emissions

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

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