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July 2010 Archives

The Second Circuit decides another CERCLA contribution case in Niagara Mohawk v. Chevron (Part III)

As seen in our prior posts on Niagara Mohawk v. Chevron, 596 F.3d 112, in the two appeals and remands prior to the Second Circuit's February decision, the District Court failed to properly address Niagara Mohawk's (NiMo's) argument under § 113(f)(3)(B), asserting that it has a right to contribution for costs incurred in cleaning up the Water Street Site under two Orders on Consent with the New York State Department of Environmental Conservation ("NYSDEC") because it failed (both times) to consider the second of those two Orders, issued one day after the first District Court decision. The Second Circuit's decision on the latest appeal is discussed here.

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