Supreme Court Permits State Law Claims Against Superfund Property
Green Building Law Update
APRIL 26, 2020
In an instructive environmental law decision last week, the U.S. Supreme Court held that the federal Superfund statute (the Comprehensive Environmental Response, Compensation and Liability Act) does not preclude owners of adjacent contaminated land from pursuing state laws claims for money damages for nuisance, trespass and strict liability, but any cleanup of that land cannot be taken in the absence of EPA approval.
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