RECENT FEDERAL DECISIONS

October 2005

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District Court Applies Aviall and Dismisses All CERCLA Claims by One Potentially Responsible Party against Another
Kaladish v. Uniroyal Holdings, Inc., ___F.Supp.2nd___

The United States District Court for the District of Connecticut recently dismissed an action under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) brought by the owner of property against a former owner and operator. The court ruled that since the plaintiff had not been sued under § 106 or § 107 of CERCLA, the plaintiff could not proceed under § 113 for contribution. In addition, because the plaintiff was the current owner, it was a potentially responsible party itself and could not proceed under § 107. After dismissing the federal CERCLA claims, the court declined to exercise supplemental jurisdiction over the remaining state law causes of action.