RI Cleans Up Significant Superfund Precedent

Law360, New York (February 15, 2013, 1:00 PM EST) -- On Jan. 18th, the U.S. District Court for the District of Rhode Island vacated its 2010 summary judgment decision in Ashland Inc. v. GAR Electroforming, 729 F. Supp. 2d 526 (D.R.I. 2010), just days after receiving an amicus memorandum by the United States in support of a motion to vacate filed by the United Technologies Corporation (UTC).

In doing so, the court nullified a significant post-U.S. v. Atlantic Research Corporation interpretation of the right to bring Comprehensive Environmental Response, Compensation and Liability Act Section 107 cost-recovery...
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