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Litigation

Air Force Lawsuit May Boost Industry Efforts To Recover Cleanup Costs

A lawsuit filed by the Air Force against several Tennessee municipalities could boost industry efforts to cite the Superfund law's section 107 as a legal avenue for seeking repayment of costs at voluntary cleanups. The use of section 107 claims has been crucial for industry after a landmark Supreme Court ruling late last year blocked companies from relying on the more widely used section 113 of the Superfund law.

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Appellate Court Weighs Extraterritorial Reach Of Superfund Statute

In separate cases of first impression, a federal appeals court will rule on whether or not the federal Superfund law can apply outside the boundaries of the United States.

The litigation before the U.S. Court of Appeals for the Ninth Circuit has raised concerns among industry and the U.S. government that the cases could infringe on foreign sovereign immunity and spark retaliation from foreign governments.

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Industry Seeks Superfund Repayments From Emergency Responders

In a first-of-its-kind appellate court case, an industrial facility destroyed by a chemical fire is seeking cleanup costs under Superfund from a local municipality because the town's firefighters allegedly violated federal response regulations for hazardous materials.

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INSURERS FEAR PRECEDENT OF WISCONSIN INSURANCE CLAIMS BILL

Insurance industry officials are concerned that a Wisconsin legislative effort to create a new process for assigning insurance coverage for environmental cleanup costs at the high-profile Fox River contaminated sediment site could set a precedent for other states.

Some state lawmakers and paper companies are preparing legislation that would change how insurance companies allocate liability among themselves, using an approach that they argue is similar to how Superfund law imposes joint and several liability on polluters.

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ACTIVISTS URGE HIGH COURT NOT TO REVIEW LANDMARK CITIZEN SUIT RULING

Environmentalists are urging the Supreme Court to deny review of a landmark federal appeals court case that protects citizens' ability to sue industry for violations even when a state enforcement action is underway, according to a recently filed brief.

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NOVEL APPEAL SEEKS CERCLA CONTRIBUTION OVER FIREFIGHTERS' RESPONSE

In a federal appellate case of first impression, an industrial facility destroyed by a chemical fire is seeking cleanup costs under Superfund from a local municipality because the town's firefighters allegedly violated federal response regulations for hazardous materials.

In addition, the appeal argues that a lower court erred in dismissing the suit because it misapplied the Supreme Court's landmark Aviall Services v. Cooper Industries ruling from December that limits cost contribution to parties that have been sued.

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SUPERFUND APPEAL LIKELY TO SHOW DOJ, COURT POSITIONS AFTER AVIALL

DuPont's recently filed appeal of a federal ruling rejecting its lawsuit against the government for cleanup costs at a World War II-era facility will likely show for the first time the Justice Department's (DOJ) position in Superfund cost contribution cases after the Supreme Court's landmark Aviall decision, according to an industry attorney.

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SUPERFUND APPEAL LIKELY TO SHOW DOJ, COURT POSITIONS AFTER AVIALL

DuPont's recently filed appeal of a federal ruling rejecting its lawsuit against the government for cleanup costs at a World War II-era facility will likely show for the first time the Justice Department's (DOJ) position in Superfund cost contribution cases after the Supreme Court's landmark Aviall decision, according to an industry attorney.

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ACTIVISTS FIGHTING EPA RULE ALLOWING DISCHARGES UNDER EXPIRED PERMITS

Environmentalists are asking a federal district court in Hawaii to overturn a long-standing EPA regulation that allows dischargers to continue operating under expired clean water permits if the discharger has applied to renew the permit.

A victory for environmentalists could pressure EPA and state regulators to resolve an existing backlog of dischargers who are operating under expired permits, an attorney involved with the case says, noting that some dischargers have been operating under expired permits for years.

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ACTIVISTS SEEK LANDMARK COURT RULING IN KENTUCKY ANTI-DEGRADATION SUIT

Several Kentucky environmental groups are requesting that a federal district court force EPA to promulgate regulations preventing the degradation of waters in the state, in a summary judgment motion in the landmark litigation.

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