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Fairness in Superfund Allocation Part 2a

E2 Law Podcast

Release Date: 05/09/2022

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GT attorneys Steven Russo, Zackary Knaub, and Jane McLaughlin discuss New York State’s cap-and-invest program to limit greenhouse gas emissions and share revenue with New Yorkers from disadvantaged communities to help cover utility bills, transportation costs, and decarbonization.   The program is expected to help New York meet the requirements of the 2019 Climate Leadership and Community Protection Act of cutting greenhouse gas emissions 40% by 2030 and at least 85% by 2050, both below 1990 levels. Large-scale greenhouse gas emitters and distributors of heating...

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In Part 2B of Greenberg Traurig Environmental Shareholder David Mandelbaum’s conversation with William Hengemihle of FTI Consulting on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by historic operations, they discuss fault and when it may trump cost causation, “transactional fairness,” use of contracts experts, cooperation, and recalcitrance.

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Fairness in Superfund Allocation Part 2a show art Fairness in Superfund Allocation Part 2a

E2 Law Podcast

Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a second conversation on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by historic operations. In Part 2A, David and Bill discuss building a suggested allocation methodology, and advocating the choice among alternative methodologies for the same case.

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“Fairness” in Superfund Allocation Matters, Part 1 show art “Fairness” in Superfund Allocation Matters, Part 1

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Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a discussion of how Superfund allocation problems are resolved and what is meant by “fairness” in them. The conversation is in the context of allocation disputes under the federal Superfund statute – the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

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The first episode in Greenberg Traurig’s 2022 Evolving Environmental Law Series, addresses t.  The Amendment was recently enacted and will go into effect in January of 2022. It is a very short provision, but has the potential, as we're going to discuss, to provide a fair amount of uncertainty and questions about what it exactly is going to mean for New Yorkers.

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Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a second conversation on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by historic operations. In Part 2A, David and Bill discuss building a suggested allocation methodology, and advocating the choice among alternative methodologies for the same case.