Magistrate: State Cleanup Agreement Doesn’t Release CERCLA Liability

Mealey's (August 11, 2022, 3:01 PM EDT) -- CENTRAL ISLIP, N.Y. — A federal magistrate judge on July 27 recommended that the United States and U.S. Department of Energy’s (DOE) motion to dismiss third-party claims brought against them under the Comprehensive Environmental Response, Compensation, and Liability Act be denied because, despite direct references to CERCLA, a cleanup agreement between a New York state agency and a third-party plaintiff only released state law liability....