United States Second Circuit
State of New York v. Next Millenium Realty, 12-2894
Summary judgment for defendants in an action by plaintiff-state under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for costs incurred in investigating and addressing groundwater contamination in Hempstead, New York, is vacated and remanded, where: 1) the State's action is timely; 2) the cleanup activities here were implemented as removal measures and continued to be removal measures at all relevant times; and accordingly, 3) the district court erred in applying the statute of limitations for remedial rather than removal actions.
Appellate Information
- Decided 10/15/2013
- Published 10/15/2013
Judges
- CHIN
Court
- United States Second Circuit