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Environmental

Mar. 21, 2013

Beware CERCLA statutory pitfalls

Last week, the 9th Circuit affirmed a decision which affects environmental insurers and, perhaps inconspicuously, also impacts those who agree to be indemnitors for environmental contamination. By Christopher Smith and Steven Hoch


By Christopher W. Smith and Steven L. Hoch


Last week, the 9th U.S. Circuit Court of Appeals affirmed a decision which affects environmental insurers and, perhaps inconspicuously, also impacts those who agree to be indemnitors for environmental contamination. The district court decision which was affirmed dismissed a Comprehensive Environmental Response, Compensation, and Liability (CERCLA) cost recovery claim brought by an environmental insurer because, inter...

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