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affirmative defense

September 11 Litigation

ELR Case

The Second Circuit upheld a lower court decision dismissing a developer's CERCLA indemnity claim for remediation costs it incurred as the owner of a building contaminated by toxic dust from the September 11, 2001, attack on the World...

Natural Resources Defense Council v. Environmental Protection Agency

ELR Case

The D.C. Circuit vacated a portion of EPA's 2013 rule regulating air emissions from Portland cement kilns. The court concluded that the emission-related portions of the rule are permissible under the CAA. It also upheld the compliance...