Congress enacted the Superfund Act, whose formal name is the Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA, in 1980 to promote the clean up (remediation) of properties, typically abandoned landfills or other sites, that had been...
Results for "Aviall"
The Second Circuit decides another CERCLA contribution case in Niagara Mohawk v. Chevron (Part II)
Our last post discussed the Second Circuit's recent decision in Niagara Mohawk v. Chevron, 596 F.3d 112 (2d Cir. Feb 24, 2010). We left off when the District Court was about to review its prior decision in light of the Supreme Court's decision in Cooper Industries v....
The Second Circuit decides another CERCLA contribution case in Niagara Mohawk v. Chevron (Part I)
The Second Circuit's recent decision in Niagara Mohawk Power Corp v. Chevron U.S.A., Inc., 596 F.3d 112 (2d Cir. Feb 24, 2010), is a study (yet again) in the claims available to private parties to recover costs incurred in remediating hazardous wastes. The primary...
The Western District of Washington Leaves a PRP without a Remedy, but Upholds the Broader Policy Objectives of CERCLA.
The Western District of Washington also recently followed the holding from the Aviall case. See Port of Tacoma v. Todd Shipyards Corp., 2009 U.S. Dist. LEXIS 5884 (W.D.Wa., January 14, 2009). The Port of Tacoma sued Todd Shipyards in a contribution action under CERCLA...
The Second Circuit Follows the Supreme Court’s Holdings in Atlantic Research and Cooper Industries.
In a recent Second Circuit decision, W.R. Grace & Co. v. Zotos International, No.: 05-cv-2798 (March 4, 2009), the Court followed two recent Supreme Court decisions on the oft-contested issue of when and under what sections of the Comprehensive Environmental...
