Judge Finds Company Liable Under CERCLA As Successor, Defers Apportionment Ruling

Mealey's (September 14, 2020, 1:41 PM EDT) -- NEWARK, N.J. — A federal judge in New Jersey on Sept. 11 granted in part a motion for partial summary judgment filed by a group of 66 defendants accused of contributing to contamination in the lower Passaic River and at the Diamond Alkali Superfund site, finding that while the plaintiff is liable under the Comprehensive Environmental Response, Compensation, and Liability Act as the successor to a company that manufactured herbicides and pesticides at the property, a ruling on apportionment cannot be made until it is determined if another company is also subject to successor liability (Occidental Chemical Corp. v. 21st Century Fox America, et al., No. 18-11273, D. N.J.)....