Civil Rights
Block on Trump's Asylum Ban Upheld by Supreme Court
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