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Government Plausibly Pleads Corporate Successorship in CERCLA Lawsuit, New Jersey District Court Holds

MGKF Law

On May 7, 2024, the United States District Court for the District of New Jersey denied Defendant ISP Environmental Service Inc.’s United States v. ISP Envt’l Servs. 2024 WL 2013949 (D.N.J. Read More » Tags: CERCLA , Cost Recovery , Successor Liability , Superfund

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Court Finds Federal Government Not Immune from Liability for Interest Payment Under CERCLA

MGKF Law

On April 26, 2023, the United States Court of Federal Claims ordered the federal government to reimburse Shell U.S.A. Ultimately, the Court held that the plain reading of CERCLA includes interest as a “charge,” and the government was not immune from paying those costs. Shell U.S.A.,

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ESA Governing Board taking actions to meet changing conditions influencing professional science societies

ESA

ESA Governing Board Fall Meeting. The ESA Governing Board (GB) met in November to consider a number of issues that are determining how professional societies will operate in the future. Six other Governing Board members, guests and a few other senior staff members participated remotely. GOVERNANCE TRANSITION.

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Third Circuit Holds that Air Emission Exceedances Governed by a Permit Are Not Subject to a Duplicative CERCLA Reporting Requirement

MGKF Law

The court’s reasoning came down to an interpretation of CERCLA that the phrase “subject to” was intended to mean “governed or affected by” rather than “obedient to.” 2021); 42 U.S.C. § § 9603. ” Id.

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PA Assn. Of Environmental Professionals Host Nov. 12 Webinar On Threatened, Endangered Species Policy Updates

PA Environment Daily

Tad Macfarlan is an experienced environmental and land use lawyer and a partner in the firm's global Environment, Land, and Natural Resources practice group. Tad's practice focuses on the environmental aspects of project development, transactional, litigation, and government enforcement matters (both civil and criminal).

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Fourth Circuit Rejects Maryland District Court’s Recognition of a Scienter Requirement for Arranger Liability under CERCLA

MGKF Law

25, 2024), that arranger liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”) requires a potentially responsible party to have knowledge that the waste it discards is hazardous. Alban Tractor Company et al. , 23-1155 (4th Cir.

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EPA Files $4.2 Million Settlement Of Air Pollution Violations For 2019 Philadelphia Refinery Explosion, Fire; Public Comments Invited

PA Environment Daily

Environmental Protection Agency announced the federal government has settled its final federal Clean Air Act (CAA) claim against Philadelphia Energy Solutions Refining and Marketing, LLC pertaining to the June 21, 2019 fire and explosion at its former South Philadelphia refinery. On October 8, the U.S.

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