High Court Asked To Revisit CERCLA Cleanup Liability

Law360, Washington (August 5, 2013, 2:53 PM EDT) -- PCS Nitrogen Inc. urged the U.S. Supreme Court to clarify and reiterate its evidentiary standards for environmental cleanup liability cases, alleging the Fourth Circuit has ignored high court precedent by refusing to hold other former owners of a South Carolina fertilizer plant site liable for over 60 years of contamination.

Although the high court ruled in 2009 that liability arising out of the underlying Comprehensive Environmental Response, Compensation and Liability Act actions could be split between multiple site owners and operators, lower courts have failed to...
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