Analysis

High Court Opens Can Of Worms With Superfund Ruling

Law360 (April 21, 2020, 6:59 PM EDT) -- The U.S. Supreme Court's ruling that federal Superfund law does not preclude individuals from filing state law claims for further cleanup of contaminated sites muddies a subject attorneys thought was clear, and will lead to more — and more complicated — litigation.

Superfund cleanups can be complex and drawn-out affairs, with parties haggling over the scope of the effort, which entities will be responsible and for how much, and how clean the remediation will make the location when it's all done. U.S. Environmental Protection Agency settlements usually limit parties' post-deal liability under the Comprehensive Environmental Response, Compensation and Liability Act, but...

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