Publications
November 1, 2017 Article

Hurricanes & Superfund: Has the Act of God Defense Been Washed Out to Sea?

ABA Tort Trial and Insurance Practice Committee News: Toxic Torts and Environmental Law, Fall 2017

The Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”), 42 U.S.C. §9601 et sec., is a strict liability statute with few defenses to liability for Potentially Responsible Parties (“PRPs”). An act of God is one such defense, but the circumstances that might qualify arise so rarely it is seldom invoked. One might assume that a hurricane, especially a Category 4 or 5, would satisfy the act of God defense.  Existing caselaw suggests otherwise. 

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Firm Highlights

News

David Van Slyke Reappointed by Governor Mills to New England Interstate Water Pollution Control Commission

Van Slyke is one of five Commissioners from the state of Maine overseeing NEIWPCC PORTLAND—Preti Flaherty’s Managing Partner, David Van Slyke, has been reappointed by Governor Janet T. Mills to the New England Interstate...

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Post Sackett: What Is the Scope of the Clean Water Act?

The Supreme Court of the United States (SCOTUS) rendered a decision in Sackett et ux. v. EPA addressing what Justice Alito referred to as a “nagging question” of what water bodies are covered under...

News

David Van Slyke Named to 2024 Lawdragon Green 500: Leaders in Environmental Law

Preti Flaherty’s Managing Partner David Van Slyke has been recognized by Lawdragon as one of the top 500 environmental lawyers in the U.S. It’s the third time he has been named to this prestigious...

News

Preti Flaherty Welcomes Attorneys Michelle Amidzich Fritz and Kat Mail to the Firm

Preti Flaherty is pleased to announce the arrival of attorneys Michelle Amidzich Fritz and Kat Mail. Michelle Amidizich Fritz joins the firm’s Environmental Practice Group in the Boston office. She is a graduate of...

Publication

How Much Permitting "Reform" Comes from the New Debt Ceiling Legislation?

Without fanfare or ceremony, on Saturday June 3 rd , President Biden signed the bitterly-negotiated Fiscal Responsibility Act of 2023 (FRA), also known as the Debt Ceiling Limit legislation. While most of the media...