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

Eighteen Preti Flaherty Attorneys Selected as Chambers USA Leaders in Their Field

Eighteen Preti Flaherty attorneys and five practice groups have been selected for inclusion in the 2020 Chambers USA Guide to America's Leading Lawyers for Business , the highly regarded directory of leading attorneys and...

Publication

EPA Announces Temporary Relaxation of Certain Environmental Compliance and Monitoring Obligations During the COVID-19 Pandemic

Citing potential worker shortages and social distancing and travel restrictions related to the COVID-19 pandemic, on Thursday, March 26, 2020, the U.S. Environmental Protection Agency announced that it would exercise enforcement discretion and temporarily...

Publication

Environmental Alert: Supreme Court Finds CERCLA Does Not Bar State Law Claims

The Supreme Court of the United States on Monday issued a decision authored by Chief Justice Roberts with far-reaching implications for targets of federal environmental enforcement actions. The Court in Atlantic Richfield Co. v...

News

Benchmark Litigation Names Preti Flaherty 2020 “Maine Firm of the Year”

Benchmark Litigation has named Preti Flaherty as 2020 Litigation Firm of the Year in the State of Maine. The Benchmark Awards honor distinguished litigators and law firms in all 50 states and 10 practice...

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Supreme Court Finds Clean Water Act Jurisdiction For Discharges To Groundwater

Today, in a 6-3 opinion, the Supreme Court held that a Clean Water Act (CWA) permit can be required for discharges to groundwater “if the addition of the pollutants through groundwater is the functional...