Earlier this month in Chevron USA Inc. v. Plaquemines Parish, the U.S. Supreme Court broadly interpreted the meaning of “relating to” in the federal officer removal statute.  In doing so, it vacated the judgment of the Fifth Circuit that held defendant had not sufficiently demonstrated that plaintiffs’ suit was “for or relating to” the acts it performed under the authority of a federal officer.  The Court looked to the ordinary meaning of “relating to” across various contexts and held that defendant had shown the instant lawsuit implicated acts “that are closely connected to the performance of its federal duties.” Read More »

Share | Email| Comments|  Topics: Federal Jurisdiction, Federal Procedure, Louisiana, Oil and Gas, Permits, Procedure, Removal, Subject Matter Jurisdiction, Supreme Court, United States Supreme Court

A recent decision from the United States District Court for the Middle District of Pennsylvania offers insight into cost recovery claims under both the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and Pennsylvania's Hazardous Sites Cleanup Act (“HSCA”).  On March 6, 2026, in Blettner Avenue, LLC v. Central Uniform Services, Inc., the Middle District denied Defendants Rental Uniform Services, Inc. (“Rental Uniform Services”) and Cintas Corporation (“Cintas”)’s motion for summary judgment as to Plaintiff Blettner Avenue, LLC (“Blettner”)’s HSCA claim, shedding light on HSCA’s time limitation provision and the scope of “response costs” under the statute.  On the other hand, the Court granted Defendants’ motion for summary judgment as to Blettner’s CERCLA claim, finding Blettner failed to comply with National Contingency Plan (“NCP”) requirements.  The decision provides useful insight for practitioners to consider regarding statute of limitation under HSCA, the scope of “response costs” under HSCA and CERCLA, and NCP compliance under CERCLA. Read More »

Share | Email| Comments|  Topics: CERCLA, Cleanup, Contamination, Damages, Groundwater, HSCA, National Contingency Plan, Pennsylvania, Remediation, Statute of Limitations, Third Circuit, Water