The Third Circuit Parts Ways with the Second Circuit When It Comes to Contribution Rights Under CERCLA

The Third Circuit Parts Ways with the Second Circuit When It Comes to Contribution Rights Under CERCLA

In Trinity Industries, Inc. v. Chicago Bridge & Iron Co., the Third Circuit Court of Appeals held that a party that has resolved its environmental liability only under state law may nevertheless pursue contribution from other responsible parties under the federal CERCLA statute, at least in some instances.

California Supreme Court Makes It Easier to Challenge Local Affordable Housing Requirements

California Supreme Court Makes It Easier to Challenge Local Affordable Housing Requirements

Under the Mitigation Fee Act, when a city imposes a fee, dedication, reservation or other exaction on a development project, the developer has the right to pay under protest, obtain the necessary project approvals and proceed with construction, while at the same time disputing the legality of the requirement.