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    The perils of self-help
    2011-06-27

    As revealed in a recent bankruptcy case, purchasers of contaminated property need to have a very clear understanding of their contractual remedies before proceeding with self-help. The case (In re Evans Industries, Inc., No.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Bond (finance), Contamination, Bankruptcy, Debtor, Breach of contract, Leasehold estate, Liability (financial accounting), Warranty, Default (finance), Fifth Circuit
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Clean up for what?! After enough time, you can leave your mess behind
    2014-06-12

    What do you get when you combine a 20+ year old bankruptcy, a contaminated landfill, and a state regulatory agency that moves at a glacial pace? The answer: In re Solitron Devices, Inc., a recent decision from the Bankruptcy Court for the Southern District of Florida.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Contamination, Bankruptcy, New York State Department of Environmental Conservation, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Mark iIV ruling: district court affirms bankruptcy court’s denial of discharge of environmental obligations
    2011-10-24

    Last month, District Court Judge Shira A. Scheindlin of the Southern District of New York affirmed a bankruptcy court ruling which held that the environmental cleanup obligations of debtor Mark IV Industries, Inc. were not discharged in bankruptcy.2 Given the current legal landscape, Mark IV may make the likelihood of discharging environmental claims even more difficult, potentially undermining chapter 11 as an optimal alternative for companies saddled with environmental liabilities.

    Filed under:
    USA, New York, Environment & Climate Change, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Contamination, Environmental remediation, Pollution, Bankruptcy, Debtor, Injunction, Debt, Liability (financial accounting), Liquidation, Bankruptcy discharge, Second Circuit, United States bankruptcy court
    Authors:
    Larren M. Nashelsky , Todd M. Goren , Kristin A. Hiensch
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    W.R. Grace settles Superfund claim for $250 million
    2008-03-20

    W.R. Grace agreed to pay $250 million to the federal government for costs related to the investigation and remediation of asbestos contamination in Libby, Montana. W.R. Grace, a global supplier of specialty chemicals, owned and operated a vermiculite mine and vermiculite processing facilities in Libby from 1963 to 1990. The company and 61 affiliated companies filed for bankruptcy in April 2001. The settlement resolves a bankruptcy claim filed by the federal government to recover funds necessary to cleanup contaminated schools, homes, and businesses in Libby.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Foley & Lardner LLP, Contamination, Environmental remediation, Bankruptcy, US Federal Government, US Department of Justice, Forbes
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Sweeping environmental liability under the bankruptcy carpet: fresh start is not guaranteed
    2010-01-05

    Businesses considering filing Chapter 11 for bankruptcy protection may not necessarily be able to avoid certain environmental cleanup obligations. The underlying policy goals of bankruptcy and environmental laws are in direct conflict in that bankruptcy law seeks to promote financial rehabilitation by discharging a debtor's past obligations in order to promote financial rehabilitation while environmental law seeks to ensure that the government can order responsible parties to clean up contamination, including historical pollution caused by business predecessors.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Day Pitney LLP, Contamination, Environmental remediation, Pollution, Bankruptcy, Debtor, Injunction, Breach of contract, Debt, Waste management, Joint and several liability, Bankruptcy discharge, US Environmental Protection Agency, American Recovery and Reinvestment Act 2009 (USA), Resource Conservation and Recovery Act 1976 (USA), Seventh Circuit
    Authors:
    Tricia H. Foley , James J. "Jim" Tancredi
    Location:
    USA
    Firm:
    Day Pitney LLP
    Lead paint nuisance claims settled with one company in California
    2011-07-07

    A bankrupt holding company has reportedly agreed to pay $8.7 million to settle nuisance claims brought by a number of California cities and counties alleging public health problems caused by lead paint in homes and buildings. The funds will apparently be used to remediate lead paint-related health issues. Other defendants include lead paint manufacturers and distributors; trial against them is expected in 2012. California prosecutors are seeking an order requiring the cleanup of lead-contaminated buildings and a monetary contribution for public health efforts. See Law360, June 24, 2011.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Shook Hardy & Bacon LLP, Contamination, Bankruptcy, Holding company
    Authors:
    Greg Fowler
    Location:
    USA
    Firm:
    Shook Hardy & Bacon LLP
    Clean up for what?! After enough time, you can leave your mess behind
    2014-06-12

    What do you get when you combine a 20+ year old bankruptcy, a contaminated landfill, and a state regulatory agency that moves at a glacial pace? The answer: In re Solitron Devices, Inc., a recent decision from the Bankruptcy Court for the Southern District of Florida.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Contamination, Bankruptcy, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Northstar Aerospace settles with the Ministry of the Environment for $4.75 million
    2013-11-15

    On October 28th, 2013 the Ministry of the Environment (“MOE”) and the former directors and officers of Northstar Aerospace Canada (“Northstar”) reached a $4.75 million settlement for the remediation of a property owned by Northstar in Cambridge, Ontario.

    Filed under:
    Canada, Ontario, Environment & Climate Change, Insolvency & Restructuring, Litigation, DLA Piper, Contamination, Environmental remediation, Supreme Court of Canada
    Location:
    Canada
    Firm:
    DLA Piper

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