Judge: Plaintiff Fails To Show Costs Were Necessary Under CERCLA

Mealey's (September 21, 2015, 12:03 PM EDT) -- HOUSTON — A federal judge in Texas on Sept. 17 granted Union Pacific Railroad Co.’s (UPRR) motion for partial summary judgment after finding that a plaintiff company was unable to show that it incurred response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to prevent or contain a release of hazardous substances on a 1.5 acre piece of land in Houston (Elite Operations Inc. v. Union Pacific Railroad Co., et al., No. H-13-3461, S.D. Texas; 2015 U.S. Dist. LEXIS 123972).

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