CERCLA Preempts Wis. Law Claims In $1B Fox River Cleanup

Law360, New York (October 5, 2012, 3:20 PM EDT) -- A Wisconsin federal judge on Thursday tossed state counterclaims lodged against Appleton Papers Inc. and NCR Corp. over cleanup costs of the Lower Fox River Superfund site, saying the claims are preempted by the federal Comprehensive Environmental Response, Compensation and Liability Act.

U.S. District Judge William C. Griesbach rejected counterclaims by Georgia-Pacific Consumer Products LP, Fort James Corp. and Georgia-Pacific LLC seeking to get their cleanup costs of the Lower Fox River and Green Bay site covered by Appleton and NCR, which owned and operated the...
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