Foot Locker, Fog Cap Win Dismissal Of CERCLA Suit

Law360, New York (September 18, 2012, 4:36 PM EDT) -- A Georgia federal judge on Monday tossed Stratford Holding LLC’s suit against Fog Cap Retail Investors LLC and Foot Locker Retail Inc. over contamination at a Stratford-owned property, saying the holding company cannot seek to recover costs from its lessees for remediation efforts that were unnecessary.

In his Monday order, U.S. District Judge Steve C. Jones said Stratford may not recover investigation costs into tetrachloroethene, or PCE, contamination of soil and groundwater on its property in Stone Mountain, Ga., under the Comprehensive Environmental Response Compensation and...
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