7th Circ. Says CERCLA Suit Against Enviro-Chem Can Proceed
By Juan Carlos Rodriguez
Law360, New York (December 19, 2012, 7:05 PM EST) -- The Seventh Circuit on Wednesday reversed and remanded a lower court's decision to toss environmental claims brought by a group of trustees responsible for managing the cleanup of a polluted Indiana site who alleged the Environmental Chemical and Conservation Co., its owners and an insurer haven't paid into a fund as required.
A district court in 2010 had dismissed the Third Site Trust Fund's lawsuit against the now-defunct company — also called Enviro-Chem — its owners and Auto Owners Mutual Insurance Co., finding that claims under...