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Environmental & Energy

Nov. 9, 2010

Recent Decision Unsettles EPA Practices

A largely unnoticed decision permanently alters the landscape for the U.S. Environmental Protection Agency. By Jeffrey D. Dintzer and Elizabeth M. Burnside of Gibson Dunn.

Jeffrey Dintzer

Partner, Alston & Bird LLP

333 S Hope St Ste 1600
Los Angeles , CA 90071

Phone: (213) 576-1063

Email: jeffrey.dintzer@alston.com

Boston University SOL; Boston MA

During over 30 years representing clients in complex environmental, toxic tort, and land use litigation, class actions, and administrative proceedings, he has been involved in precedent-setting cases affecting the way industries such as oil & gas do business in California.

By Jeffrey D. Dintzer and Elizabeth M. Burnside

On July 22, 2010, a largely unnoticed but important decision was filed by the Rhode Island District Court in Ashland Inc. v. GAR Electroforming, 2010 U.S. Dist. LEXIS 74969 (D.R.I. July 22, 2010). In Ashland, District Court Judge Mary Lisi ruled that the Comprehensive Environment Response, Compensation, and Liability Act's (CERCLA) settlement bar, codified at 42 U.S.C. Section 9613(f)(2), would not serve to bar...

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