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Bankruptcy Reform Act (BRA)

15375 Memorial Corp. v. Bepco L.P.

The Third Circuit affirmed a lower court order dismissing oil and gas exploration companies' bankruptcy petition for lack of good faith. The companies failed to show that their Chapter 11 bankruptcy petitions served valid bankruptcy...

In re ASARCO

A district court approved a bankruptcy reorganization plan requiring a mining company to pay $1.79 billion to fund past and future environmental cleanup and restoration costs incurred by federal and state agencies at more than 80 sites...

In re Resource Tech. Corp.

The court upholds a bankruptcy court's settlement approval over the disposition of certain rights to harvested methane gas. Under the settlement, the bankrupt party—a company that collects methane gas from landfills—was released from...

229 Main St. Ltd. Partnership v. Massachusetts Dep't of Envtl. Protection

The court holds that Massachusetts' environmental superlien statute, which allows the commonwealth to place a priority lien on property after spending money assessing or cleaning up a polluted tract of land, evades the Bankruptcy Code's...

In re St. Lawrence Corp.

The court holds that a bankruptcy court correctly allowed a Chapter 7 trustee to abandon real property of the bankruptcy estate over a state environmental agency's objection. The agency argued that although a trustee may abandon...

Pennsylvania Dep't of Envtl. Resources v. Tri-State Clinical Labs., Inc.

The court holds that punitive criminal fines imposed against a bankrupt laboratory for post-bankruptcy petition conduct that violated the Pennsylvania Solid Waste Management Act are not administrative expenses that receive priority...

Louisiana Dep't of Envtl. Quality v. Crystal Oil Co.

The court holds that bankruptcy discharges a state environmental agency's environmental liability claims against an oil company believed to be the successor to the owner of an abandoned oil site where hazardous substances had been...

Ohio Forestry Ass'n v. Sierra Club

The Court holds that an environmental group's challenge to a U.S. Forest Service land and resource management plan (LRMP) for Wayne National Forest in Ohio is not yet ripe for review. The environmental group brought suit alleging that...

In re Eagle-Picher Indus., Inc.

The court holds that a corporation's contingent claims for environmental cleanup costs associated with real property it purchased from a potentially responsible party (PRP) that filed for bankruptcy are claims for reimbursement and...

In re L.F. Jennings Oil Co.

The court holds that a bankruptcy court's order allowing a trustee to abandon a contaminated site that was part of the bankrupt estate did not violate the U.S. Supreme Court's ruling in Midlantic National Bank v. New Jersey...