US Attorney General Jeff Sessions recently issued a new policy barring payments to non-governmental third parties as part of most civil and criminal settlements. The memorandum does not detail how the US Department of Justice (DOJ) will implement the policy, leaving much to departmental interpretation. The language is broad enough to have significant impacts on environmental settlements. … Continue Reading
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
