RECENT FEDERAL DECISIONS

July 2011

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District Court Dismisses CERCLA Recovery Suit for Failure to Allege a ‘Release or Threat of a Release’ Occurred
Oil Re-Refining Company, Inc. v. Pacific Recycling, Inc., ___F.Supp.2d___

The U.S. District Court for the District of Oregon has dismissed without prejudice plaintiff Oil Re-Refining Company’s Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) complaint to recover costs incurred in responding to the polychlorinated biphenyls (PCBs) contamination.