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Expert Analysis

Contamination Doesn't Always Justify An Injunction

By Thomas Dimond (April 11, 2019, 3:20 PM EDT) -- A few recent decisions by Illinois-based courts show that proving a defendant is liable for environmental contamination does not automatically entitle a plaintiff to a mandatory injunction requiring investigation or remediation. Plaintiffs must still prove what is necessary to be done, and defendants can defeat the injunction request by proving the contamination has already been addressed and no further action is needed....

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