D.C. Appeals Panel Finds Residents Failed To State CERCLA Claim

Mealey's (January 2, 2020, 2:23 PM EST) -- WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel on Dec. 27 affirmed dismissal of a lawsuit brought by residents of a neighborhood who were seeking cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for money spent remediating contamination from a burst sewer main, finding that they failed to show that their actions complied with the National Contingency Plan (NCP) (Marquette R. Miller, et al. v. District of Columbia Water and Sewer Authority, et al., No. 18-7169, D.C. Cir., 2019 U.S. App. LEXIS 38633)....