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    2024 Litigation Look Ahead Series: Key Cases That Could Impact CERCLA Liability and Contribution Claims
    2024-03-20

    B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part four covering Fifth Amendment takings cases here).

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Beveridge & Diamond PC, Supreme Court of the United States
    Authors:
    Susan E. Smith , Nicole B. Weinstein , Michael Campinell , Lia Crutchfield , Justin A. Weatherwax
    Location:
    USA
    Firm:
    Beveridge & Diamond PC
    US Bankruptcy Court Finds that CERCLA § 104(e) Request and National Priority Listing Do Not Constitute “Claims” Under New York Law
    2019-06-24

    Buyers and sellers of contaminated properties will want to take note of the June 3, 2019 ruling from the U.S. Bankruptcy Court for the Northern District of New York. In a 14-page opinion, Judge Cangilos-Ruiz ruled that neither a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 104(e) information request nor a National Priority Listing regarding a polychlorinated biphenyl (PCB)-contaminated section of the Black River constitute “claims” under New York law.

    Filed under:
    USA, New York, Environment & Climate Change, Insolvency & Restructuring, Litigation, Beveridge & Diamond PC, Due diligence, Escrow
    Location:
    USA
    Firm:
    Beveridge & Diamond PC
    “New” GM Avoids Liability for “Old” GM’s Contamination
    2018-07-23

    Highlighting a potential shortcoming in some attempts to transfer environmental liability in bankruptcy proceedings, a federal court in New York found common law liability for environmental contamination was not covered by a release of “Environmental Law” liability. See In re: Motors Liquidation Company, et al., BANKR No.

    Filed under:
    USA, Insolvency & Restructuring, Beveridge & Diamond PC, General Motors
    Authors:
    Collin S. Gannon
    Location:
    USA
    Firm:
    Beveridge & Diamond PC
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