Liquidators have more certainty about their ability to disclaim the environmental liabilities and responsibilities of a company in liquidation.

The liquidators were not bound to cause Linc to comply with the EPO from the date of the disclaimer.

The good news is that public works construction projects for municipalities are projected to remain a major sector of construction activity for the foreseeable future. The not-so-good news is that municipal bankruptcy filings are on the rise, and they are likely to increase. The issues facing parties under contract with a municipality when it files for bankruptcy protection are playing out nationally in places like Stockton, California, and Detroit, Michigan.