Landowner’s Settlements With State Agency Resolved CERCLA Liability, Judge Rules

Mealey's (March 2, 2021, 1:14 PM EST) -- COLUMBUS, Ohio — A federal judge in Ohio on March 1 denied the majority of a motion for summary judgment filed by former operators of a site contaminated by volatile organic compounds (VOCs) and trichloroethylene (TCE), finding that while the landowner’s claim for cost recovery under the Comprehensive Environmental Response, Compensation and Liability Act was untimely, agreements it entered into with the Ohio Environmental Protection Agency (Ohio EPA) constituted settlements that allow it to pursue a claim for contribution under the statute....