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Progress Possible at COP 28 Despite Fossil Fuel Industry Deception

Union of Concerned Scientists

The fossil fuel industry has a long history of portraying itself as environmentally responsible while continuing to prioritize profit over the planet. Greenwashing is incredibly problematic because it works to slow and prevent climate action.

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‘RACER Trust’ and the Concinnity of CERCLA Sections 107 and 113

E2 Law Blog

Court of Appeals for the Second Circuit decided Revitalizing Auto Communities Environmental Response Trust v. 18, 2021), another appellate decision amplifying the confusion around private actions to reallocate costs under the federal Superfund statute, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

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Colpoys Bay is under threat by a proposed land-based fish farm

Enviromental Defense

In June 2021, South Bruce Peninsula City council, in a private, ‘in camera’ session, approved the zoning application for the development of a piece of agricultural land on the north shore of Colpoys Bay into an ‘aquafarming’ facility.

Waste 114
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Second Circuit Holds CERCLA Claims Were Prudentially Ripe Despite Ongoing PRP Investigation by EPA

MGKF Law

On Wednesday, August 18, 2021, the U.S. Court of Appeals for the Second Circuit vacated a district court order dismissing claims for violations of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § Response Tr. § 9601 et seq. See Revitalizing Auto Cmtys.

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Seventh Circuit Interprets "Claim" to Rule that Buyer Must Indemnify Seller for Superfund Liability

MGKF Law

On March 31, 2021, the Court of Appeals for the Seventh Circuit upheld a district court decision interpreting the term “claim” in an indemnification agreement to require some threat of suit or assertion of liability under Minnesota law. Wisconsin Central LTD v. Soo Line Railroad Co. , 19-3129 (7 th Cir.

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U.S. Supreme Court Clarifies Scope of CERCLA Contribution Claims by Settling Parties

SPR Law

On May 24, 2021, the United States Supreme Court ruled in Territory of Guam v. United States that a party’s claim for contribution under Section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C.

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Penalties Under CERCLA for Denying EPA Access to Test

E2 Law Blog

But in the last days of 2021, the federal district court in White Plains, New York decided such a case under the federal Superfund statute. Environmental Protection Agency , No. Oddly, the courts have decided very few cases on the point, and most address access to records not to the property itself. Cannistra Realty, LLC v.