Judge Dismisses Railyard Owner’s CERCLA Counterclaims As ‘Naked Assertions’

Mealey's (May 12, 2021, 1:22 PM EDT) -- CHARLESTON, W.Va. — The counterclaims of the operator of a railyard and landfill under the Comprehensive Environmental Response, Compensation, and Liability Act against the owner of an adjacent property that has been contaminated by migrating hazardous substances were dismissed by a federal judge in West Virginia on May 10 who ruled that the defendant lacked standing to bring the claims because they are based on “naked assertions” that any removal actions taken were necessary under the statute....