The federal Superfund statute allows a private person to recover “necessary costs of response incurred” by that person consistently with the governing regulation, the national contingency plan. A recent appellate decision, to be sure unreported and therefore not binding, raises the interesting question of what a person must do to “incur” a cost. The person in question was a law firm and this is an “environmental law practice” column, so the question may be doubly interesting.

Continue reading the full article, published by The Legal Intelligencer Sept. 19, 2024. Reprinted with permission.

Photo of David Mandelbaum David Mandelbaum

David G. Mandelbaum represents clients facing problems under the environmental laws and serves as Co-Chair of the firm’s Environmental Practice. He regularly represents clients in lawsuits and has also helped clients achieve satisfactory outcomes through regulatory negotiation or private transactions. David teaches Superfund…

David G. Mandelbaum represents clients facing problems under the environmental laws and serves as Co-Chair of the firm’s Environmental Practice. He regularly represents clients in lawsuits and has also helped clients achieve satisfactory outcomes through regulatory negotiation or private transactions. David teaches Superfund, and Oil and Gas Law in rotation at the Temple Law School. He teaches the Superfund course at Suffolk (Boston) Law School as well. David is a Fellow of the American College of Environmental Lawyers.

Concentrations

  • Air, water and waste regulation
  • Superfund and contamination
  • Climate change
  • Oil and gas development
  • Water rights