Judge Denies Parties’ Motions Seeking Summary Judgment On CERCLA Cost Recovery

(February 26, 2020, 3:01 PM EST) -- WILMINGTON, Del. — A federal judge in Delaware on Feb. 14 denied motions for summary judgment on a defendant company’s counterclaim for cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), finding that a former property owner that used a California site for 50 years cannot claim that it is not a potentially responsible party for contamination under the act and that there is a dispute as to whether the defendant company’s decision to conduct demolition and excavation at the site triggers its liability under the act (Alcoa Inc. v. Alcan Rolled Products-Ravenswood LLC, et al., No. 06-451-JFB-SRF, D. Del., 2020 U.S. Dist. LEXIS 27737)....

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