Squaring the CERCLA: Federal Court in DC Weighs in on Interplay Between Action for Response Costs and Action for Contribution

One of the many pitfalls in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) compliance is navigating the interplay between cost recovery actions under CERCLA § 107(a) and contribution actions under CERCLA § 113(f). In general, parties who incur costs to respond to environmental contamination gain a cause of action under § 107(a) against other potentially responsible parties (PRPs). On the other hand, parties who have been held liable for cleanup costs through some government action may seek contribution from
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Environmental Due Diligence for Corporate Transactions: The Bona Fide Purchaser and the All Appropriate Inquiry Rule

A few months ago we posted our first blog on environmental due diligence, and as promised, we will continue to post on this important subject. This week we will focus on the popular, yet oft-mistaken, bona fide purchaser exception and the all appropriate inquiries rule (AAI rule) under CERCLA. In purchasing property, a buyer will conduct an assessment to determine whether a parcel (or property connected to an entity being acquired) has potential environmental contamination concerns and whether any issues
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Environmental Due Diligence for M&A Transactions

Part 1-Introduction A common purchase in the United States is a car, something necessary for many of us to get to work, travel to the grocery store, pick-up kids at school — among the thousands of destinations where Americans use their car. When we buy a car, we often do an investigation, so to speak. We do online research on the vehicles that peak our interest, we inspect the vehicle at the dealership, we ask questions of the dealer, and
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