Testing For Contamination Not A Response Cost Under CERCLA, Judge Says

(October 31, 2017, 4:16 PM EDT) -- NEWARK, N.J. — The purchaser of a site that formerly housed a landfill cannot seek to recover nearly $40,000 under the Comprehensive Environmental Response, Compensation, and Liability Act and New Jersey Spill Compensation and Control Act, a federal judge in New Jersey ruled Oct. 16, finding that laboratory costs the plaintiff company spent to investigate the presence of contamination are not recoverable under the statutes (Strategic Environmental Partners, LLC v. New Jersey Department of Environmental Protection, et al., No. 12-3252, D. N.J., 2017 U.S. Dist. LEXIS 171156)....