United States Second Circuit
AMW Materials Testing, Inc. v. Babylon, 08-1731
In an action under the Comprehensive Environmental Response, Compensation and Liability Act to recover hazardous material cleanup costs, judgment for defendants is affirmed where: 1) defendants were not "operators" of the facility at issue at the time the hazardous materials at issue were released; and 2) emergency response actions pursuant to 42 U.S.C. section 9607(d)(2) cannot constitute an affirmative defense to section 9607(a) liability.
Appellate Information
- Decided 10/19/2009
- Published 10/19/2009
Judges
- REENA RAGGI, Circuit Judge:, Before: LAUGHLIN, POOLER, and RAGGI, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Joan M. Ferretti (Robert M. Lustberg, on the brief), Lustberg & Ferretti, Glens Falls, NY, for Appellants.
- For Appellees:
- Richard F. Ricci (Priya Rebecca Masilmani, on the brief), Lowenstein Sandler, Roseland, NJ; Steven C. Shahan, Tadeo & Shahan, Syracuse, NY, for Appellees.