2nd Circ. Tells Chemical Co. To Clean Up Pollution Site In NY

Law360 (September 10, 2019, 5:15 PM EDT) -- The Second Circuit on Tuesday said the state of New York can make PVS Chemicals Inc. clean up pollution that was present at one of PVS' properties before they settled claims about the area in 2002.

Reversing a lower court, a three-judge panel held in a published opinion that a consent decree between New York and PVS doesn't require new information for New York to take action against the company.

A New York district judge had held in July 2018 that the consent decree precluded New York from requiring PVS to come up with a plan to remediate the site. The...

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