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David Mandelbaum, Greenberg Traurig. David Mandelbaum, Greenberg Traurig.

When a party “cashes out” of its liability to the government under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), under Environmental Protection Agency (EPA) guidance in place since 1988 the settling party typically pays a premium over what would otherwise be its equitable share. Even though settlements have featured premiums for decades, parties often do not consider issues that they present.

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