CERCLA ‘Divisibility’ Ruling Shows Importance Of ‘Entire Site,’ Attorneys Say

September 12, 2023
A federal district judge’s recent landmark decision siding with California regulators on how to assign responsibility for Superfund cleanups underlines the need for parties to address the “entire site” in their arguments seeking to apportion liability among potentially responsible parties, according to attorneys on a recent panel discussion. During a Sept. 7 webinar hosted by the continuing legal education firm Strafford, speakers said the defendants in Department of Toxic Substances Control (DTSC) v. NL Industries, Inc., et al. failed...

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