RECENT FEDERAL DECISIONS

July 2005

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Second Circuit Holds Claims against the Federal Government Relating to Military Contamination Were Time-Barred and Sought Improper Response Costs
Syms v. Olin Corporation, ___F.3d___

The U.S. Second Circuit Court of Appeals has ruled that a landowner’s cost recovery claims arising from military operations on a site were time-barred and that the costs it sought, including damage done by remediation contractors and counsel’s investigative work, were simply not recoverable under the Comprehensive Environmental Response, Compensation And Liability Act (CERCLA).