7th Circ. Says Apex Cleanup Not Discharged In Ch. 11

Law360, New York (August 25, 2009, 7:15 PM EDT) -- A federal appeals court has upheld an order requiring Apex Oil Inc. to remediate soil and groundwater contamination from a former refinery in Hartford, Ill., at a cost that could top $150 million.

The U.S. Court of Appeals for the Seventh Circuit on Tuesday affirmed a 2008 injunction requiring the cleanup, rejecting Apex's argument that the government's claim to the injunction had been discharged in bankruptcy court.

Apex, which no longer does refining, has no in-house ability to conduct the cleanup, and has estimated that it...
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