Ninth Circuit Affirms CERCLA 104(e) Information Request Triggers Insurer’s Duty to Defend

May 12, 2016
Diana A. Silva
MGKF Litigation Blog

As part of EPA’s investigation of a Superfund site, EPA typically issues a 104(e) information request to any person or entity that EPA believes to have information regarding release of hazardous substances at the site, including those that may be considered to be PRPs charged with the ultimate cleanup of the site.  Responding to a 104(e) request often requires the recipient to provide detailed responses regarding historical and current industrial operations, and can often set the stage for settlement negotiations with EPA and other PRPs regarding funding the investigation and remediation of the Superfund site.

Read the full blog post.