CERCLA

Assignment of Benefits Does Not Violate Anti-Assignment Clause

An Illinois appeals court ruled that an insurer had a duty to defend a successor  of an insured where the insured made an assignment of benefits pursuant to a asset sales agreement. The assignment of benefits had been made without consent of the insured and the insurance policy had contained an anti-assignment clause.. In Illinois …

Assignment of Benefits Does Not Violate Anti-Assignment Clause Read More »

CERCLA Contribution Action Not Available for BCP/VCP Cleanup

In Queens W. Dev. Corp. v. Honeywell Int’l, 2011 U.S. Dist. LEXIS 91795 (D.N.J. 2011), the plaintiff developers commenced remedial activities at two parcels that were accepted into the New York State Department of Environmental Conservation (NYSDEC) Brownfield Cleanup Program (BCP) and Voluntary Cleanup Program (VCP). Plaintiffs filed a lawsuit against the defendants as successors …

CERCLA Contribution Action Not Available for BCP/VCP Cleanup Read More »

Cleanup Under NY Water Law Order Is CERCLA Removal Action for Statute of Limitations Purposes

Groundwater at many commercial properties in Long island and suburban areas of New York has been contaminated from discharges to dry wells, leaching pools and septic systems. In the 1980s, the New York State Department of Environmental Conservation (NYSDEC) frequently used consent orders issued pursuant to Title 17 of the Environmental Conservation Law which prohibits …

Cleanup Under NY Water Law Order Is CERCLA Removal Action for Statute of Limitations Purposes Read More »

Review of Recent CERCLA Third Party Defense “Due Care” Caselaw-Part 1

The Third Party defense (42 U.S.C. 9607(b)(3) is probably the most important CERCLA defense. To assert the defense, a defendant must satisfy the following four elements or prongs: The release was solely caused by a third party; The defendant had no direct or indirect “contractual relationship” with the third party (“contractual relationship” prong); The defendant …

Review of Recent CERCLA Third Party Defense “Due Care” Caselaw-Part 1 Read More »

Ct Rules Existence of Seller Not Relevant For Successor Liability

One of the underpinnings of corporate law is that a purchaser of assets is not normally liable for the liabilities of the predecessor while a stock purchaser will take on the pre-existing liabilities. Courts have fashioned four exceptions to the no liability for asset purchaser rule. The exceptions are: express or implied assumption of liability …

Ct Rules Existence of Seller Not Relevant For Successor Liability Read More »

County Liable to Developer for Migration of Landfill Gas

A federal district court ruled that a Maryland county government was liable to a developer for damages resulting from the migration of landfill gas from a closed landfill to a planned development community. The court held that developer was entitled to recover response costs under CERCLA and that the subsurface migration of methane gas and VOCs …

County Liable to Developer for Migration of Landfill Gas Read More »

Scroll to Top