2nd Circ. Won’t Revisit Decision To Revive Superfund Suit

Law360, New York (February 28, 2014, 3:23 PM EST) -- The Second Circuit on Wednesday refused to revisit its decision reviving New York’s lawsuit seeking to recover cleanup costs for groundwater contamination at a Superfund site in Nassau County despite arguments that the order contradicts an earlier ruling and creates a circuit split.

Without further explanation, the appeals court denied Next Millennium Realty LLC and other defendants’ motion for rehearing, letting stand its Oct. 15 order finding that the suit was not time-barred. The lower court had said the state’s cleanup efforts are “remedial actions," or...
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