2nd Circuit Upholds Ruling Finding Residents’ State Law Claims Preempted By CERCLA

Mealey's (May 29, 2018, 12:03 PM EDT) -- NEW YORK — A federal judge in New York did not err when dismissing a lawsuit brought by residents who live near a Superfund site after finding that their state law claims were preempted by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a Second Circuit U.S. Court of Appeals panel ruled May 25, holding that the plaintiffs’ claims conflicted with the terms of a remediation plan entered into between Honeywell International Inc. and the U.S. Environmental Protection Agency (Robert Bartlett, et al. v. Honeywell International Inc., No. 17-1907-cv, 2nd Cir., 2018 U.S. App. LEXIS 13860)....