RECENT FEDERAL DECISIONS

June 2006

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Second Circuit Says Definition of ‘Operator’ under CERCLA Is a Question for the Trier of Fact
AMW Material Testing, Inc. v. Town of Babylon, ___F.3d___

The United States Court of Appeals for the Second Circuit held that the District Court improperly granted summary judgment as a matter of law under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to a fire department and held that whether the fire department acted as an “operator” was a question for the trier of fact.