2nd Circuit Restores Cost Recovery Claim, Affirms Split Of Future Cleanup Costs

Mealey's (July 24, 2020, 1:22 PM EDT) -- NEW YORK — A two-judge panel of the Second Circuit U.S. Court of Appeals on July 23 reinstated a current site owner's cost recovery claim under the Comprehensive Environmental Response, Compensation, and Liability Act, finding that a federal judge in New York misinterpreted a ruling that only one remedial action can occur at a given site, and affirmed a decision that a prior owner of the site should foot the bill for 95 percent of future removal actions of polychlorinated biphenyls (PCBs) (MPM Silicones LLC v. Union Carbide Corp., Nos. 17-3468, 17-3669, 2nd Cir., 2020 U.S. App. LEXIS 23060)....