2nd Circuit: Prior Settlement Did Not Resolve All Liability Under CERCLA

( February 7, 2024, 2:06 PM EST) -- NEW YORK — A 2011 settlement agreement did not entirely resolve Comprehensive Environmental Response, Compensation, and Liability Act claims arising from the cleanup of a former manufacturing plant in the Onondaga Lake region of upstate New York because certain areas of the contaminated land were not specifically listed in the settlement agreement, a Second Circuit U.S. Court of Appeals panel found in reversing a trial court’s decision to dismiss the CERCLA claims brought by an environmental response trust against 39 manufacturers that allegedly contaminated the area....