9th Circ. Defines 'Owner' For Liability Under CERCLA

Law360, New York (July 23, 2010, 3:07 PM EDT) -- Ruling on a question of first impression, the U.S. Court of Appeals for the Ninth Circuit has concluded that the owner of a property when cleanup costs are incurred is the current owner for purposes of determining liability under the Comprehensive Environmental Response, Compensation and Liability Act.

The Ninth Circuit affirmed a lower court's ruling Thursday that Hearthside Residential Corp. was the “owner and operator” under CERCLA of a tract of wetlands known as the Fieldstone Property in Huntington Beach, Calif.

The appeals court held that...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.