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C&M Obtains Total Offset of Treble Damages

Client Alert | 1 min read | 02.21.14

In U.S. ex rel. Purcell v. MWI Corp. (D.D.C. Feb. 10, 2014), which C&M defended, the district court zeroed out a $22.5 million treble damages jury award against the defendant, finding that the $108 million in payments to the government by the third-party borrower of the loans at issue were offsetting compensatory payments. The court rejected the government's alternative arguments that no offset be applied or that any offset be limited to the jury's $7.5 million single damages award as without any legal support and contrary to the fact that the government had already been "made completely whole" and "gotten what it paid for" by the payments already received, concluding that only penalties were appropriate.


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Client Alert | 3 min read | 05.28.26

PFAS Regulatory Alert: EPA Rolls Back RCRA Proposed Rule on “Hazardous Waste” but Does Not Disturb Proposed RCRA Rule on PFAS

Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program....

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