RECENT FEDERAL DECISIONS

July 2007

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District Court Holds that a Contribution Claim under State Law Is Precluded by CERCLA Conflict Preemption
N. Y. State Electric & Gas Corp. v. FirstEnergy Corp., ___F.Supp.2d___

Defendant filed a motion for summary judgment to determine whether New York’s statutory contribution regime could have been used by a party as a surrogate for seeking contribution under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) from one or more others for a proportionate share of costs incurred in remediating a hazardous waste site. The District Court granted Defendant’s motion for summary judgment, holding that although such a claim for contribution may have been valid under the state law, such recovery was preempted by the contribution and settlement remedies available under CERCLA.