Environmental and Natural Resources

What Will EPA Do with Its New Superfund Money?

by Mitchell J. Klein The Senate’s bipartisan infrastructure bill, which passed Aug. 10, contains a provision that would bring back an excise tax that expired in 1995 on a lengthy list of raw chemicals. House Democrats also want it to cover crude oil. In addition to this new tax stream, the House has already approved […]

September 23, 2021 | 3 min read | Tagged: CERCLA, Superfund

Mitchell J. Klein Of Counsel

Is It Remedial or Removal — The Distinction Is Critical in Determining the Statute of Limitations for Actions under CERCLA

by Mark D. Johnson Under CERCLA activities to clean up hazardous substances are characterized as either “removal actions” or “remedial actions.” Generally, removal actions are interim actions to clean up or remove hazardous materials. 42 U.S.C. § 9601(23). Remedial actions are efforts to permanently remedy the presence of hazardous materials. Id. § 9601(23). A claim […]

January 14, 2016 | 4 min read | Tagged: CERCLA, Ninth Circuit, remedial action, removal action, Superfund

Mark D. Johnson Former Partner