Federal and State Superfund

Wartime Regulation Does Not Render Government an Operator Under CERCLA, Third Circuit Rules

On May 4, 2020, the Third Circuit issued a decision in PPG Industries v. United States, a case which considered whether the government’s involvement at a chromium processing plant during World War II made it an “operator” liable for cleanup costs under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).  The…

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SPR Defeats Appeal of Superfund Liability Claims Based on Veil-Piercing, Lease/Sublease of Contaminated Property

By: Ed Roggenkamp SPR attorneys successfully defended the appeal of their summary judgment victories for the defendants in Next Millennium Realty, LLC v. Adchem Corp. (16-1260-cv) in the Court of Appeals for the Second Circuit. The May 11, 2017 order dismissing the appeal upheld three successive summary judgment decisions by the District Court. These decisions…

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