Missouri Federal Judge: Public Warnings Are Not ‘Remedial Actions’ Under CERCLA

Mealey's (September 22, 2022, 11:45 AM EDT) -- SPRINGFIELD, Mo. — In two separate orders, a Missouri federal judge denied a defendant company’s motion to strike class definitions in a plaintiff’s complaint and denied the defendant company’s motion to dismiss a portion of a negligence claim based on the company’s alleged failure to warn property owners, who claim that they were not informed for more than a decade that their wells were contaminated with a carcinogen released by the company’s nearby manufacturing facility because the portion of the negligence claim based on the failure to warn is not preempted by a prior consent agreement as public warnings and communications are not “remedial actions”  under the Comprehensive Environmental Response, Compensation, and Liability Act....