Property Owners’ CERCLA Claims Not Precluded By Previous Owner’s Settlement

Mealey's ( May 22, 2023, 10:45 AM EDT) -- SAN FRANCISCO — Comprehensive Environmental Response, Compensation, and Liability Act claims brought by a company that purchased a polluted piece of property are not precluded by the previous owner’s settlement of CERCLA claims arising from the alleged migration of tetrachloroethylene (PCE) from its property to a neighboring one because those claims did not resolve CERCLA liability at the property at issue, a majority of a Ninth Circuit U.S. Court of Appeals panel found in reversing and remanding a trial court order dismissing the company’s claims under res judicata....