Judge: Construction Waste With Asbestos, Other Materials, Covered By CERCLA

(October 16, 2023, 2:31 PM EDT) -- CONCORD, N.H. — Building and construction waste containing arsenic, lead, selenium, polychlorinated biphenyls (PCBs) and asbestos qualifies as a hazardous substance under the Comprehensive Environmental Response, Compensation and Liability Act because those materials are specifically listed as such in the statute, a New Hampshire federal judge found Oct. 13 in partly granting a motion to dismiss filed by a municipality and a housing authority that are alleged to have contributed to contamination at a former landfill by dumping waste there....