US Liable for Environmental Remediation Costs Under Contract Clauses
Client Alert | 1 min read | 11.04.11
On October 31, the Court of Federal Claims in Exxon Mobil Corp. v. U.S. held that the government was liable for environmental cleanup costs because it had breached the “Taxes” clause in three World War II-era contracts under which the government had agreed to pay “any new or additional . . . charges” required by federal, state, or local law “by reason of the production, manufacture, sale or delivery” of aviation gasoline. Exxon continues the trend of recovery of environmental remediation costs under government contracts and is consistent with ongoing efforts to recover environmental remediation costs and toxic tort litigation defense costs under Public Law 85-804 indemnification provisions in Cold War-era contracts being conducted for clients by C&M.
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Client Alert | 3 min read | 05.28.26
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Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the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.
Client Alert | 8 min read | 05.28.26
Texas Targets Big Tech With Wave of Suits and Investigations, Part of Nationwide Trend
Client Alert | 7 min read | 05.27.26
Colorado Hits Reset on AI Regulation: SB 26-189 Repeals and Reenacts the Colorado AI Act
Client Alert | 3 min read | 05.27.26
Don’t Get Left in the Doghouse: The Federal Circuit’s Global K9 Case and the Duty to Intervene
