CERCLA Claim Against Birds Eye Chopped

Law360, New York (April 8, 2010, 4:04 PM EDT) -- A federal judge has knocked down the last federal claim in a suit by Michigan landowners who accuse Birds Eye Foods Inc. of contaminating their groundwater with waste from one of its fruit processing plants.

Chief Judge Paul L. Maloney in the U.S. District Court for the Western District of Michigan on Tuesday did away with what remained of plaintiffs' claim for remediation and response costs related to alleged contamination under the Comprehensive Environmental Response, Compensation and Liability Act.

The dismissal was, in part, a way...
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