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Month: May 2012

11th Circuit Decision Follows that of Niagara v. Mohawk: Under CERCLA, Parties Who Enter Into Consent Decree with Government Are Limited to a § 113(f) Contribution Claim

Since the Second Circuit Court of Appeals decided Niagara Mohawk Power Corp v. Chevron U.S.A., Inc., 596 F.3d 112 (2d Cir. 2010), a number of other Circuits have followed the Second Circuit's holding that parties who enter into a consent decree with the U.S....

Environmental Due Diligence in Real Estate Transactions Blog Series: Part III – Environmental Site Assessments and Compliance Audits

So now you've selected your property and have a proper purchase and sale agreement in place; what do you do next?A. Protecting Yourself from Potential LiabilityUnder CERCLA (the Comprehensive Environmental Response, Compensation, and Liability Act) there is a broad...

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