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ARTICLE · 23 JUNE 2020

EPA's Self-guidance For Participation In Bankruptcy Proceedings

The uncertainty surrounding the COVID-19 pandemic has rocked the global economy, and companies of all types and sizes are feeling the impacts.

United StatesEnvironment

The uncertainty surrounding the COVID-19 pandemic has rocked the global economy, and companies of all types and sizes are feeling the impacts. In recent weeks, certain high-profile retailers filed for Chapter 11 bankruptcy protection. Some airlines are expected to enter bankruptcy as well, and even farmers are feeling the pinch. Overall, data suggest that bankruptcies will increase almost 25 percent from last year.

With bankruptcy filings expected to rise, it is important to remember that environmental liabilities factor into bankruptcy proceedings. Companies seeking a fresh start may try to discharge their environmental liabilities through bankruptcy. But this is not a simple task. Environmental laws are designed to keep responsible parties on the hook for remediation activities.

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This article is presented for informational purposes only and is not intended to constitute legal advice.

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