Landowner Can't Be Billed Twice Under CERCLA: 2nd Circ.

Law360, New York (March 18, 2014, 1:41 PM EDT) -- The Second Circuit said Tuesday that under the Comprehensive Environmental Response, Compensation and Liability Act, a subcontractor may not recover the value of unpaid work directly from a landowner when the landowner has paid the general contractor but the general contractor has failed to pay the subcontractor.

The decision is a reversal of a New York federal judge’s ruling granting summary judgment to Price Trucking Corp., which argued that CERCLA allowed such recovery. The case was remanded with instructions to award summary judgment to Norampac Industries...
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