Environment & Energy Report

CBS Corp. Faces Petroleum, Superfund Claims for Utica, N.Y. Site

May 26, 2020, 3:33 PM

CBS Corp. will face state and federal claims for the cleanup of contamination at an upstate New York site after a federal trial court found Superfund claims against the company don’t bar claims for petroleum contamination under the New York Navigation Law.

Although the Comprehensive Environmental Response, Compensation, and Liability Act bars parties from recovering for the same costs under Superfund and other laws, the state law claim against CBS “plausibly alleges a theory of recovery apart from” Superfund response costs, the Northern District of New York said.

The plaintiff, National Grid Group PLC and subsidiary Niagara Mohawk Power Corp....

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