Supreme Court Rules That Adjacent Landowners Can Sue So Long As They Don’t Interfere With an EPA Approved CERCLA Remedy
In Atlantic Richfield Co. v. Christian et al., Slip Op. No.17-1498, April 20, 2020, landowners sued Atlantic Richfield in State Court alleging nuisance, trespass and strict liability under Montana law, and among other things, sought restoration damages. For the full text of the Supreme Court decision, please click here.
Read MoreThe Effect of COVID-19 on EPA’s Enforcement Policies
On March 26, 2020, the U.S. Environmental Protection Agency released a new temporary policy for some violations that occur as a result of the COVID-19 pandemic. For a copy of the EPA policy memorandum: Click Here.
Read MoreCondemnation Article
For our December 2019 materials for a land owner's ability to bypass state court condemnation proceedings and go directly to Federal Court with a "taking" claim click here.
Read MoreInternational Deal Making: Assisting Acquirers
In 2019, IR Global’s widely distributed Monograph on International Deal Making included Norm Bernstein’s article on a range of topics including: key considerations in assessing a U.S acquisition target; a recommended approach to due diligence; and key clauses for inclusion in the acquisition contract. For a copy of...
Read MoreNorman Bernstein leads a roundtable discussion at the General Counsel Conference in New York
In September 2019, Norman Bernstein led a roundtable discussion at the General Counsel Conference in New York regarding two recent Supreme Court decisions likely to reduce Federal Court deference to agencies interpretation of their own regulations and of the Statutes they administer. For the slide deck “…
Read MoreCERCLA Dispute with EPA
In May 2018, we successfully resolved a CERCLA oversight costs dispute with EPA. Savings should be in the low six figures.
Read MoreWhite Plains Housing Authority (WPHA) Case
In December 2017, we completed back to back favorable recoveries for our client the White Plains Housing Authority (WPHA) in a case in N.Y. Federal Court for contamination interfering with an estimated $300 million WPHA reconstruction project.
Read MoreElectric Boat Corporation Settlement
In November 2017, we closed, on favorable terms, a settlement of an environmental action brought by ExxonMobil against our client, Electric Boat Corporation, and other companies.
Read MoreNorm Bernstein at the International Green Bonds Conference
In October 2016, Norm Bernstein was a guest speaker at the international Green Bonds Conference at N.Y.’s Bloomberg Center.
Read MoreSeventh Circuit and Supreme Court
We defeated DOJ arguments in a landmark Superfund case in the United States Court of Appeals for the Seventh Circuit and have filed several briefs in the Supreme Court of the United States - all on environmental issues. For the Seventh Circuit' decision click here. For information from Bloomberg on our successful opposition brief in the Supreme Court click here. For a copy of our Cert. Petition in the Hobart case click here.
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