Archives: Solid & Hazardous Waste

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US Court of Appeals for the Eighth Circuit Preserves CERCLA Contribution Protection Despite Tolling Agreement

In Asarco v. Union Pac. R.R. Co., 2014 U.S. App. LEXIS 15285 (8th Cir. 2014), the Eighth Circuit affirmed the lower court  in Asarco LLC v. Union Pac. R.R. Co., 2013 U.S. Dist. LEXIS 108852 (D. Neb. Aug. 2, 2013), dismissing the contribution, breach of contract, and declaratory judgment claims brought by Asarco against Union Pacific … Continue Reading

Sixth Circuit Follows Suit on CERCLA Contribution/Cost Recovery Claims, Underscores the Importance of Settlement Language

On July 14, the Sixth Circuit joined five other Circuits in holding that parties who have settled their Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims with the government are foreclosed from seeking cost recovery from other potentially responsible parties (PRPs) under CERCLA § 107.  In Hobart Corp. v. Waste Management of Ohio, Inc., … Continue Reading

US Supreme Court Holds CERCLA Does Not Preempt State Statutes of Repose

The US Supreme Court has again reiterated that the federal Superfund law should be interpreted narrowly and plainly, this time while addressing the statute’s impact on state tort theories arising from releases of hazardous substances.   In CTS Corp. v. Waldburger, the Court held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt … Continue Reading

US Court of Appeals for the Tenth Circuit Decides A CERCLA “Judicially Approved Settlement” Is Not Different In Bankruptcy

On July 23, in ASARCO LLC v. Union Pacific Railroad Company, et al. No. 13-1435 (10th Cir.), the Tenth Circuit rejected the notion that settlement requirements are different in the bankruptcy context.  Section 113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §9613, provides a statutory right of contribution for any party … Continue Reading

UK Sentencing Council Definitive Guidelines for Environmental Offences – The Shape of Things to Come?

The recent decision in R v Southern Water Services Limited (2014) has seen the Court of Appeal take a very firm stance against a utilities provider, upholding a fine of £200,000 following a conviction under regulation 38 of the Environmental Permitting (England and Wales) Regulations 2010 (the ‘2010 Regulations’) for discharging untreated sewage into the … Continue Reading

Exporter Liability Associated With US and EU Hazardous Materials Transit

Incidents involving chemicals and hazardous substances in transit may bring significant liabilities for cargo owners, manufacturers, shippers and purchasers who export these items. In many instances these liabilities are not fully understood. This co-authored white paper, by Squire Sanders partners Douglas R. Burnett and John J. Reilly, and Alliant Insurance Vice President Christopher Alviggi, explores … Continue Reading

US Supreme Court to Hear CERCLA Preemption Case

The US Supreme Court recently announced it will hear an appeal of the Fourth Circuit’s decision in Waldburger v. CTS Corp., No. 12-1290 (4th Cir. 2013) involving the preemption of state statutes of repose by Section 9658 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  In Waldburger, the Plaintiffs sued CTS Corporation for nuisance after discovering their lands were … Continue Reading

UK Sentencing Guidance For Environmental Crime – A Qualified Welcome

There has long been a concern about the lack of guidance available to the courts in the UK (especially, magistrates’ courts) when it comes to sentencing for environmental offences, in comparison to other crimes (such as theft or assault).  This has meant that similar examples of environmental wrongdoing have received greatly varying levels of fines … Continue Reading
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