2nd Circ. Upholds Dismissal Of Omya Contamination Suit

Law360, New York (July 18, 2011, 4:28 PM EDT) -- The Second Circuit on Monday backed the dismissal of citizen claims against Omya Inc. over alleged water contamination from a calcium carbonate mineral processing facility in Vermont, finding the plaintiffs did not meet Resource Conservation and Recovery Act notice requirements.

A three-judge panel found that Residents Concerned About Omya and individual plaintiffs failed to give Omya and Omya Industries Inc. adequate notice of its endangerment and open dumping claims because their notice of intent to sue prior to the litigation did not identify aminoethylethanolamine, known as...
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