CFC Rejects Taxes Clause as Basis for Recovering Environmental Remediation Costs
Client Alert | 1 min read | 01.25.13
On January 13, the Court of Federal Claims in Shell Oil Co. v. U.S. held (1) the government was not liable for CERCLA environmental cleanup costs under the "Taxes" clause in certain World War II-era contracts; and (2) even if the "Taxes" clause had provided for indemnification, any indemnification rights were not preserved after contract termination. The "Taxes" clause and the absence of a reservation of rights to pursue indemnification in Shell is in contrast with the explicit "hold harmless" clauses in the facilities contracts cases in which the contractor reserved its rights to pursue indemnification (Ford and DuPont) and indemnification clauses authorized under Public Law 85-804, which contain explicit post-contract termination provisions.
Insights
Client Alert | 6 min read | 07.10.25
Supplemental Environmental Projects (SEPs) are voluntary, environmental or public health projects that parties subject to environmental enforcement proceedings can propose as part of an administrative, civil, or criminal settlement. SEPs are unique and used specifically in environmental enforcement cases in part because (1) many environmental law statutes do not require a showing of harm to prove a violation; thus, redressing harm, outside of equitable relief, is not usually statutorily required; and (2) pollution is a public harm that is hard to redress, both individually and collectively.
Client Alert | 5 min read | 07.10.25
Litigation Funding Waterfalls Are Compliant Post-PACCAR (UK)
Client Alert | 2 min read | 07.09.25
Client Alert | 9 min read | 07.09.25
