Category Archives: Environmental

The DC Circuit Court Vacates Cross-State Air Pollution Rule

On Tuesday August 21, 2012, the D.C. Circuit Court overturned the E.P.A.’s proposed Cross-State Air Pollution Rule. Cadwalader’s Commodities and Environmental teams took a look at the ruling in a recent Clients and Friends’ Alert. The ruling could impact the many distressed power plants, particularly coal-fired plants, by reducing environmental burdens (and the CAPEX required to address those burdens). Continue reading

Mark IV Industries, Inc. v. New Mexico Environment Department – “Ongoing Pollution” Equals Ongoing Liability for Debtors

Judge Shira Scheindlin’s recent decision in Mark IV Industries, Inc. v. New Mexico Environment Dept., 2011 WL 4494955, NO. 11 CIV 648 (S.D.N.Y. Sept. 28, 2011), will make it more difficult for debtors to discharge their environmental cleanup obligations in bankruptcy. In Mark IV, the Court held that the debtor’s obligation to abate groundwater contamination at a site it did not own and had not polluted post-petition was non-dischargeable. Continue reading