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Results for clean water act articles
US Supreme Court Agrees to Address Circuit Split Over CERCLA Liability
Author: Daniel T. McKillopDate: January 28, 2021
The U.S. Supreme Court has agreed to consider a closely-watched case involving liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The questions in Guam v. United States involve the interaction between cost recovery claims under CERCLA section 107 and contribution claims under section 113.
Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), both the State and the Federal Governments may recover their clean-up costs directly from Potentially Responsible Parties (PRPs). CERCLA also authorizes entities who have taken actions to clean up hazardous waste sites to recoup their cleanup costs from other parties who are also responsible for the contamination. Section 107(a) allows a responsible party to recover cleanup costs from other responsible parties. In addition, Section 113(f)(3)(B) provides that a person that has “resolved its liability” for “some or all of a response action or for some or all of the costs of such action” pursuant to a settlement agreement with the government “may seek contribution from any person who is not party to a settlement.”
DOJ Issues Clean Water Act Enforcement Guidance Aimed to Avoid “Piling On”
DOJ recently issued guidance clarifying when the agency will pursue enforcement actions under the Clean Water Act (CWA)... The Department...
SCOTUS Establishes New “Functional Equivalent” Standard for Clean Water Act
The Supreme Court held in County of Maui, Hawaii v. Hawaii Wildlife Fund et al.that permits are required under the...
EPA and Army Corps Finalize Navigable Waters Protection Rule
On January 23, 2020, the EPA and the U.S. Army Corps of Engineers finalized the Navigable Waters Protection Rule On...
Will SCOTUS Find Middle Ground on Clean Water Act?
County of Maui v. Hawaii Wildlife Fund SCOTUS case will determine whether the Clean Water Act (CWA) regulates pollution that...
Maui County Votes to Settle CWA Suit Pending Before Supreme Court
October 9, 2019
Last Month, the Maui County Council Voted to Settle County of Maui v. Hawai’i Wildlife Fund, a High-Profile CWA Suit...
EPA Officially Repeals Waters of the United States Rule
September 25, 2019
Earlier this Month, the EPA and the Department of the Army Formally Repealed the Waters of the United States Rule...
An Introduction to New Jersey Environmental Law
September 23, 2019
Daniel T. McKillop to Speak at “An Introduction to New Jersey Environmental Law” NJICLE Event On Wednesday, October 2, 2019,...
EPA Issues Guidance on Clean Water Act Permitting Requirements
May 1, 2019
The EPA Recently Issued Highly-Anticipated Clean Water Act Permitting Requirements DepositPhotos.com On April 15, 2019, the Environmental Protection Agency (EPA)...
Supreme Court to Determine Scope of Clean Water Act
April 2, 2019
Storyblocks.com The U.S. Supreme Court is Set to Determine the Scope of the Clean Water Act The U.S. Supreme Court...
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