RECENT FEDERAL DECISIONS

January 2005

To read this entire item of approximately 915 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

Sixth Circuit Vacates District Court Rejection of Monitoring and Evaluation Recovery Cost Claims under CERCLA
Village of Milford v. K-H Holding Corp., et al., ___F.3d___

The Sixth Circuit Court of Appeals vacated a District Court ruling that rejected recovery cost claims related to the evaluation and monitoring of hazardous substances in a municipality’s water supply, even though the water met federal safe drinking water standards. The court held that such costs could be deemed necessary under the Comprehensive Environmental Response and Liability Act (CERCLA) and Michigan’s Natural Resources and Environmental Protection Act (NREPA), and remanded the case for further proceedings.