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NYSEG’s Superfund Suit Against FirstEnergy Remanded

Law360 (May 7, 2009, 12:00 AM EDT) -- The U.S. Court of Appeals for the Second Circuit has reversed a decision that barred New York State Electric and Gas Corp. from amending a complaint seeking cleanup costs from FirstEnergy Corp. under the Comprehensive Environmental Response, Compensation and Liability Act.

In a decision passed down on Tuesday, the appeals court ruled that the district court had wrongly denied NYSEG’s motion to amend judgment and file an amended complaint in anticipation of the U.S. Supreme Court decision in United States v. Atl. Research.

“Because NYSEG reasonably...
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