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United States v. Union Oil Co. of California
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the U.S. government in a CERCLA liability lawsuit, requiring oil companies to reimburse approximately $50 million of EPA's environmental cleanup costs at a Superfund site in California. The government had sought reimbursement...
Achieving “Some” Upfront Certainty and Resolve in Superfund Settlements
Superfund practitioners are waiting to see whether the U.S. Environmental Protection Agency (EPA) will designate perfluorooctanoic acid and perfluorooctane sulfonate, two chemicals in the per- and polyfluoroalkyl substances (PFAS) group, as CERCLA hazardous substances. Such a designation may lead to selected remedies being modified and further work being required at Superfund sites where remedies were believed to be complete. This Article explores potential future liability by reviewing provisions of the 2021 Remedial Design/Remedial Action (RD/RA) Model Consent Decree.