Judge: Transformer Maker’s Third-Party CERCLA Claims Are Adequately Pleaded

Mealey's (October 11, 2019, 1:25 PM EDT) -- UTICA, N.Y. — The maker of transformers that contained polychlorinated biphenyls (PCBs) that were later disposed of at a metal recycling facility sufficiently stated claims for arranger and transporter liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the successor to a company that repaired transformers, a federal judge in New York ruled Oct. 10 in denying in part the successor company’s motion to dismiss, finding that the allegations are based on reliable information (ELG Utica Alloy Inc. v. Niagara Mohawk Power Corp., et al., No. 16-cv-01523, N.D. N.Y., 2019 U.S. Dist. LEXIS 176152)....