Union Carbide Can't Escape Superfund Cleanup State Claims

Law360, New York (March 18, 2013, 8:21 PM EDT) -- A New York federal judge on Monday refused to toss the bulk of state law allegations in a Superfund suit against Dow Chemical subsidiary Union Carbide Corp. over cleanup costs at a former West Virginia chemical manufacturing plant, ruling that the claims are not preempted by federal law.

U.S. District Judge Lawrence E. Kahn said that MPM Silicones LLC's claims for past and future restitution do not conflict with the Comprehensive Environmental Response, Compensation and Liability Act's settlement scheme or the law's double-recovery bar.

MPM has...
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