Renewable energy is the fastest growing energy source in the United States, and its development is expected to continue the growth trajectory well into 2020 and beyond. The outlook is bright, but utility companies looking to develop renewable energy can also expect 2020 to be a year of significant changes and challenges. This post is the first in our three-part series covering the renewable energy outlook for 2020 and introducing several key issues on the horizon and trends that we’ve observed.
Continue Reading 2020 Renewable Energy Outlook: Waning Incentives, Redevelopment Opportunities, and Community Opposition

Three recent district court cases have refined the contours for timely bringing a remedial action under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA).  In all three opinions, the courts rejected arguments that preliminary or investigative activities to determine the magnitude of contamination at Superfund sites necessarily triggers the six-year statute of limitations for remedial actions under 42 U.S.C. § 9613(g)(2).
Continue Reading Trio of Recent Cases Help Refine CERCLA Remedial Statute of Limitations

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is a federal statute that, among other things, allows parties to allocate environmental remediation costs among parties whose operations may have resulted in environmental contamination.  CERCLA cases with multiple potentially responsible parties (PRPs) generally proceed in two phases.  During the first phase — the “liability” phase — the court addresses whether each individual PRP fits within the statutory definition of a liable party under CERCLA.  During the second phase — the “allocation” phase — the court allocates the cost of environmental remediation among all of the parties that were found to be liable during the first phase.  CERCLA decisions before the appellate courts tend to focus on liability issues in part because parties often settle after the liability phase.  As a result, appellate decisions offering guidance on allocation are rare, but important to CERCLA practitioners.
Continue Reading Fourth Circuit Decides Key CERCLA Allocation and Liability Case