SGR Partner Andy Thompson is scheduled to speak on September 27, 2017 at a water law seminar for attorneys, engineers, and government employees. The seminar is entitled Water Law and Regulations and will occur at the Embassy Suites-Galleria, 2815 Akers Mill Road, Atlanta, GA 30339. Andy will address legal issues relating to groundwater including groundwater permitting and regulation, common law issues of groundwater usage, discharges to groundwater, and groundwater-related litigation. For more information about the seminar, click here.
The U.S. Court of Appeals for the Ninth Circuit recently agreed to allow an interlocutory appeal of a novel air emissions case under the federal Comprehensive Environmental Response, Compensation & Liability Act (CERCLA). The Ninth Court of Appeals will review a decision from the U.S. District Court for the Eastern District of Washington in the case of Joseph Pakootas, et al. v. Teck Cominco Metals. In denying the defendant smelter’s motion to dismiss, the district court concluded that air emissions from a lead/zinc smelter in Canada, which were transported by wind and deposited at a CERCLA site in the State… Read more
SGR Partners Andy Thompson and Steve O’Day are scheduled to speak at the State Bar of Georgia Environmental Law Section Summer Seminar on July 24-25, 2015 at Hilton Head Island. Andy will speak on a “Current Events” panel and will address recent developments in the Clean Water Act Permit Shield Defense, and Steve will speak on a panel entitled “Water Supply and Energy Demand: Striking the Right Balance” and will address “The Energy/Water Connection and the Role of HB 57.”
A Federal Appeals Court in the Ninth Circuit has unanimously ruled on April 2, that Federal Trial Courts are not required to employ a specific formula when allocating costs between private parties for clean-up expenses incurred under CERCLA. The Court stated that District Courts have discretion in determining the most equitable method of accounting for settlements between private parties in a contribution action, and stated that this approach is consistent with both federal common law and the intent of CERCLA. Under the Ruling, District Courts can apply equitable factors in deciding whether to subtract from a Plaintiff’s potential recovery the… Read more
The dividing line between Superfund cost recovery and contribution actions under sections 107(a) and 113(f) of CERCLA, respectively, have long been complicated and unclear. Potentially responsible parties (PRPs) typically prefer to proceed under § 107 due to its more favorable statute of limitations and joint and several liability standard, but often plead both sections alternatively when seeking reimbursement and response costs. Several recent court decisions provide additional clarity as to which section is appropriate given the procedural status of the claim. In United States v. Atl. Research Corp., 551 U.S. 128 (2007), the Supreme Court held that the availability of… Read more