New Mexico Federal Judge Dismisses Dry-Cleaner’s CERCLA Contribution Claims

Mealey's ( January 3, 2023, 3:47 PM EST) -- LAS CRUCES, N.M. — A dry-cleaning operator failed to plead its counterclaims in “short, plain statements,” failed to allege sufficient facts on some of its third-party claims and was barred under New Mexico law from bringing third-party claims against a deceased pumper truck operator’s community property estate for allegedly dumping perchloroethylene (PCE) contaminated materials that entered the local water supply, a New Mexico judge held in granting two municipalities’ motion to dismiss the operator’s cross-claims and third-party claims for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act....