SRBC's Lisa Goodheart will speak about the Supreme Judicial Court's recent decision in Bank v. Thermo-Elemental, at a September 4 lunch meeting jointly held by the Boston Bar Association's Environmental Litigation and Hazardous & Solid Waste Committees. From the BBA website:

Bank v. Thermo-Elemental, Inc.: The Most Recent SJC Decision on Chapter 21E. Lisa Goodheart, Sugarman, Rogers, Barshak & Cohen, P.C., and Jonathan Sablone, Nixon Peabody LLP, counsel for the parties in Bank, will discuss the case and its implications for practitioners.ﾠIn Bank, the SJC resolved the long-pondered question whether a party who does not strictly comply with the MCP in performing a cleanup may nonetheless recover its cleanup costs under Chapter 21E.ﾠIn so doing, the Court also confirmed that attorneys' fees incurred in the course of implementing the cleanup are recoverable as response costs under Chapter 21E and established a new rule that a party seeking to recover attorneys fees under section 4A of Chapter 21E must affirmatively plead the claim.