Challenging CERCLA Claims At The Pleading Stage

Law360, New York (August 15, 2011, 2:06 PM EDT) -- Comprehensive Environmental Response, Compensation and Liability Act complaints are rarely the model of clarity.[1] Too often, plaintiffs cite Federal Rule of Civil Procedure 8(a)(2)[2] as support for filing shotgun-type complaints against dozens, or even hundreds, of defendants devoid of any specific allegations against the individual defendants. These types of complaints typically involve a formulaic recital by plaintiff that there was a "release or a threatened release" of a "hazardous substance" at a "facility," which caused plaintiff to incur "response costs" and that each defendant meets the definition of one of CERCLA's four categories of responsible parties.[3]...

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