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SCOTUS To Review Montana CERCLA Case About Preemption Of State Common Law Claims

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Court Allows Town's Trespass and Strict Liability Claims against Neighboring Company to Go Forward

In a recent opinion, Town of Windsor v. Avery Dennison Corp., 2012 U.S. Dist. LEXIS 27264 (S.D.N.Y. Mar. 1, 2012), the United States District Court for the Southern District of New York allowed a town's claims of strict liability for ultrahazardous activities and trespass against a neighboring manufacturing company to proceed, while dismissing the town's private nuisance claim.

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