Current Owner Is Not Liable Under CERCLA For Cleanup Costs Incurred Prior to Ownership

In a recent case, Commonwealth of Pennsylvania Department of Environmental Protection v. Trainer Custom Chemical, ---- F. Supp. 3rd --- (2016), 2016 WL 4525451, the District Court for the Eastern District of Pennsylvania found that a current owner of contaminated property is not liable under Section 107(a)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) for cleanup costs incurred prior to ownership.  Trainer limits current owner liability under CERCLA to only those costs incurred after the owner takes title to the contaminated site.

NJ Court Finds Another Piece of the Insurance Allocation Puzzle

Under New Jersey insurance law, many of the coverage issues arising under comprehensive general liability (“CGL”) policies related to long-tail environmental claims have been resolved, however, allocation issues, what percentage of the loss each carrier and/or the policyholder is responsible for, are hotly disputed.

Pursuing Tax Appeals for Contaminated Sites

In a recent case, ACP Partnership v. Garwood Borough (Tax Court March 22, 2016), a New Jersey Tax court found that although property was “in use” for tax valuation purposes, the town was required to consider contamination at the property when assessing taxes.