In an action under the Comprehensive Environmental Response, Compensation and Liability Act to recover hazardous material cleanup costs, judgment for defendants is affirmed where: 1) defendants were not “operators” of the facility at issue at the time the hazardous materials at issue were released; and 2) emergency response actions pursuant to 42 U.S.C. section 9607(d)(2) cannot constitute an affirmative defense to section 9607(a) liability.
Read AMW Materials Testing, Inc. v. Babylon, No. 08-1731
Appellate Information
Argued: August 7, 2009
Decided: October 19, 2009
Judges
Opinion by Judge Raggi
Counsel
For Appellants:
Joan M. Ferretti, Robert M. Lustberg, Lustberg & Ferretti, Glens Falls, NY
For Appellees:
Richard F. Ricci, Priya Rebecca Masilmani, Lowenstein Sandler PC, Roseland, NJ
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