U.S. Coa, Second Circuit Rules to Dismiss Many of Plaintiff's Environmental Compensation Claims

Summary

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In a case where the plaintiff sought compensation from the defendants for the costs it incurred for the clean-up of hazardous substances, the U.S. Court of Appeals for the Second Circuit dismissed many of the plaintiff's claims based on the fact they were either time-barred or lacked merit.

Specifically, the Second Circuit in Eileen Syms, individually and as administrator of the Estate of John Syms, et al. v. Olin Corp., U.S. Department of Defense, et al. found the plaintiff was not entitled to contribution from the government under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and its radioactive contamination and Federal Tort Claims Act (FTCA) claims were time-barred.

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Extract

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U.S. Coa, Second Circuit Rules to Dismiss Many of Plaintiff's Environmental Compensation Claims

The circuit court, however, determined the case must be remanded on one issue concerning costs associated with admitting government officials and contractors to the site.

The Parties, Contaminated Property

In August 2000, the plaintiff, the Somerset Group, filed a lawsuit against the defendants, Olin Corp. and the U.S. government. Somerset sought compe...

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