Insights
Publications

CERCLA’s Novel and Untested Defenses: Acts of God, Acts of War, Acts of Third Parties and Cultural Resource Damages

9/4/2014 Articles

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 has options for pursuing and defending against natural resource damages (NRD)—compensation for service losses arising from injuries to natural resources—but certain defenses and exclusions to such claims remain novel and untested. In this article, Sarah Peterman Bell discusses the act of war and act of God defenses to NRD claims in particular, focusing on how they have fared in court. She also discusses apparent strong support in the courts for the argument that injuries to cultural resources are not recoverable as natural resource damages.

Link to article PDF.

Resources

Firm Highlights

Publication

Hazy Regulations: Cannabis and the Environment

Summary : The U.S. legal cannabis market is an estimated $60 billion industry, with approximately 28,000 businesses operating and employing upwards of 300,000 people, and growing rapidly. Large-scale cultivation requires significant energy usage, nutrient...

Read More
Publication

California Attorney General’s Office Files PFAS Lawsuit

The California Attorney General’s Office has turned its focus to PFAS, filing litigation that is likely to be one of the larger of the hundreds of PFAS-related lawsuits currently pending throughout the country. On...

Read More
News

Discovery Builders Wins Complete Defense Ruling at Trial

Northern California legal powerhouse Farella Braun + Martel secured a complete defense victory at trial on behalf of developer Discovery Builders, Inc. and co-defendants in a lawsuit by the Yolo County District Attorney’s Office in...

Read More
Publication

Trends Guest Editorial: Wildfires and Wineries

Link to the article in Gradient's Trends  Spring 2023 newsletter. Recurring wildfires in the Napa and Sonoma Counties of California have created a set of niche problems for the surrounding wineries, on top of...

Read More
Publication

Regulatory and Litigation Risks From California’s New Recycling Laws

California is a leader on plastics reduction, passing legislation regulating recyclability and sustainability claims, promoting the use of recycled materials, and preventing plastics pollution. In particular, two new laws require manufacturers to carefully evaluate...

Read More
News

Lawdragon Names 7 Farella Partners Among “Leaders in Environmental Law”

Northern California legal powerhouse Farella Braun + Martel is pleased to announce that seven partners were selected to the 2023 Lawdragon Green 500: Leaders in Environmental Law Guide. Selected for inclusion are: Sarah Bell &ndash...

Read More