RECENT FEDERAL DECISIONS

September 2004

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New York District Court Rules that Cost Cap Policy Covers All Investigation and Remediation Costs Required by EPA.
Frazer Exton Development, L.P. v. Kemper Environmental, Ltd., ___F.Supp.2d___

A District Court in New York has found that a “cost cap” policy issued to the purchaser of a Superfund site did not just cover costs the two specific remediation scenarios from which the parties anticipated the U.S. Environmental Protection Agency (EPA) would choose. Instead, the policy covered both investigation costs and whatever remediation work EPA actually required in the future, without regard to whether the parties had accurately predicted what EPA would require.