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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 | 4 min read | 10.22.26

When the Clock Strikes Twice: Crocs Takes Piecemeal ITC Appeals to the Supreme Court

Crocs, Inc. recently filed a petition for a writ of certiorari before the U.S. Supreme Court (No. 26-421), asking the Court to review and resolve the question: “Whether an agency disposition is final as to some issues, thus triggering deadlines for judicial review, while other issues decided in the same disposition remain subject to further executive or administrative review.”...