AMW Materials Testing, Inc. v. Babylon, No. 08-1731

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