CERCLA’s Fertilizer Exception Not Applicable In Suit Over Contaminated Topsoil

Mealey's (April 2, 2019, 12:54 PM EDT) -- NEW YORK — A federal judge in New York on March 29 denied motions for summary judgment filed by a contractor and topsoil farmer in a suit brought by a couple seeking cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act for the remediation of contaminated top soil, finding that the statute’s fertilizer exception is not applicable (Thomas Sheridan, et al. v. D&D Grading Inc., et al., No. 16-cv-5085, E.D. N.Y., 2019 U.S. Dist. LEXIS 54340)....