United States Third Circuit
Litgo New Jersey Inc, v. Commissioner New Jersey Dept. of Environmental Protection, 12-1288
READ
In a dispute to determine which parties bear the responsibility for the removal of hazardous substances present in the soil and groundwater at a parcel of land, the district court's judgment finding that plaintiffs, the Sanzari defendants, and the United States were each liable for the costs of remediation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), allocating the percentage of costs to be borne by each party, and awarding plaintiffs recoverable costs under CERCLA and the Spill Act is: 1) reversed in part and remanded where the plaintiffs should have been awarded prejudgment interest, and the district court erred in dismissing the Resource Conservation and Recovery Act (RCRA) claim against the Sanzari defendants; but 2) otherwise affirmed.
Appellate Information
- Decided 08/06/2013
- Published 08/06/2013
Judges
- HARDIMAN
Court
- United States Third Circuit