CERCLA Does Not Preempt Plaintiff’s State Law Contribution Claim, Judge Says

Mealey's (April 5, 2021, 1:42 PM EDT) -- SYRACUSE, N.Y. — A federal judge in New York on March 31 adopted in part a magistrate judge’s recommendation regarding a motion for judgment on the pleadings filed by defendants in a suit over cleanup costs at the Lake Onondaga Superfund site, finding that while the magistrate correctly found that the plaintiff could not pursue claims under the Oil Pollution Act of 1990 (OPA), its state law claim for contribution was not preempted by the Comprehensive Environmental Response, Compensation and Liability Act because the statute’s petroleum preclusion bars recovery for costs associated with the cleanup of petroleum products....