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Oregon Pursues Listing PFOA and PFOS as Hazardous Substances under State Cleanup Law

Last month, the Oregon Department of Environmental Quality (DEQ) announced a rulemaking process to list perflouorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances under the Oregon Cleanup...more

Supreme Court Clarifies That Only CERCLA Settlements Trigger Contribution Claims

On May 24, the Supreme Court weighed in on an issue that for decades has bedeviled litigants under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): When can potentially responsible parties...more

Supreme Court to Decide Superfund Case with Significant Implications Regarding the Timing of CERCLA Contribution Claims

The U.S. Supreme Court will once again wade into the scope and meaning of CERCLA, granting Guam’s petition for certiorari in Territory of Guam v. United States, No. 20-382, petition for cert. granted (U.S. Jan. 8, 2021). This...more

Montana Supreme Court Undercuts CERCLA, Permits Property Owners to Pursue Restoration Damages Claim

In an opinion tilting against the weight of precedent elsewhere, the Montana Supreme Court held that private landowners could pursue common-law claims to clean-up their properties beyond what EPA required in its selected...more

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