FTCA Exception Protects EPA From Alleged Damages During Environmental Cleanup

(June 29, 2023, 9:29 AM EDT) -- HARRISONBURG, Va. — A company’s claim that the U.S. Environmental Protection Agency damaged its property during a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) removal action is barred under the Federal Tort Claims Act (FTCA) because the agency used its discretion when deciding to clean the property where allegedly hazardous substances were present, a Virginia federal judge found in granting the EPA’s motion to dismiss the action....