RECENT FEDERAL DECISIONS

July 2009

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District Court Denies Motion to Dismiss CERCLA Claims against ‘Owner and Operator’ where Party Was an Owner Only
Board of County Commissioners of County of La Plata, Colorado v. Brown Group Retail Inc., ___F.Supp.2d___

The U.S. District Court for the District of Colorado denied plaintiff and cross-defendant La Plata County’s motion to dismiss defendant and crosscomplainant Brown Group’s counterclaim under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) because La Plata County was the current owner of the contaminated property even if it did not “operate” the facility.