NY Lessees Are Not Liable Under CERCLA As Owners

Law360, New York (December 18, 2014, 12:54 PM EST) -- A New York federal district court has recently held that a lessee will not be found liable under the Comprehensive Environmental Response, Compensation, and Liability Act as an owner where the lessee does not possess sufficient indicia of ownership. (Next Millennium Realty LLC v. Adchem Corp., E.D. New York, Oct. 22, 2014.) Although the district court stated that a lessee may be liable as an owner where its relationship with the lessor transforms it into a de facto owner, the facts of this case, where the...
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