NCP

October 20, 2022

A Risky Dance: When Emerging Contaminants Comingle With CERCLA Hazardous Substances

The distinction between CERCLA hazardous substances and all else, including pollutants or contaminants, is important because CERCLA liability is triggered by the existence of a “hazardous substance” at a site, nothing else. Continue reading

CERCLA, Emerging Contaminants, Hazmat, Sustainability, TSCA

ARAR, Arie Feltman-Frank, CEC, CERCLA, Corporate Environmental Lawyer, diisopropyl methylphosphonate, DIMP, EPA, Jenner & Block, NCP, PFAS, PFOA, PRP
August 13, 2010

CERCLA Plaintiff’s Failure to Establish Past Costs Liability Precluded Declaratory Judgment as to Future Costs Liability

In a case of first impression, the Ninth Circuit ruled on August 2, 2010, that a plaintiff’s failure to establish defendants’ liability for plaintiff’s past costs, because they were not incurred consistent with the National Contingency Plan, “necessarily dooms” its attempt to obtain a declaratory judgment as to liability for future costs. City of Colton… Continue reading

CERCLA, Water

Air, CERCLA, Climate Change, Corporate Environmental Lawyer, Critical Environmental, GHG National Contingency Plan, Health & Safety Developments, NCP, OSHA, RCRA, TSCA, Water