Wed May 11th, On Environmental Law, by Bick Law LLP
On Monday, May 2, 2016, Liberty Mutual Insurance Co. and U.S. Fidelity & Guaranty Co. urged the Ninth Circuit to certify to the Oregon Supreme Court the question of whether a CERCLA Section 104(e) information request issued by the U.S. Environmental Protection Agency to Ash Grove Cement Company triggered a duty to defend under a general liability insurance policy. The insurers said they should not be required to cover the […]
Mon Jan 11th, On Environmental Law, by Bick Law LLP
Can PRPs avail themselves of the divisibility defense to avoid CERCLA’s joint and several liability in the complex setting of a contaminated river sediments Superfund site, following the Fox River Litigation. In May 2015, the Eastern District of Wisconsin district court agreed with NCR that its liability for a portion of the site was divisible, and not joint and several. Then, in October 2015, the same court reversed its holding […]
