Panel Partially Affirms, Reverses Damages Ruling In Water Contamination Case

(April 17, 2024, 3:08 PM EDT) -- SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals has affirmed a lower court’s damages award, holding that it did not abuse its discretion when it permitted a water agency to assert restoration costs as a measure of damages related to contamination from various chemicals, but it remanded the case to amend the judgment regarding recovery of damages under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), ruling that the trial court wrongly held that the water agency received a double recovery....