For Norm Bernstein's views on the CERCLA 107/113 issue as expressed in the "Voluntary vs. Compelled Cleanup" section of the recent Bloomberg BNA article (p. 2) titled "Finding the Divide Between CERCLA Cost Recovery and Contribution Actions," click here. Reproduced with permission from Toxics Law Reporter, 30 TXLR 235 (March 5, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) < http://www.bna.com>
On December 16, 2014, the United States District Court for the Southern District of New York denied motions by Getty Properties Corp. and a current owner, Singer Real Estate Group, to dismiss claims we filed under the Resource Conservation and Recovery Act and state law Navigation Law, private nuisance and negligence on behalf of our client the White Plains Housing Authority. For the Court's opinion, click here. In April 2016, that case was selected by Bloomberg BNA as one of a handful "of significant Superfund cases pending at the end of first quarter 2016."
On January 27, 2014, the Supreme Court of the United States denied a petition for certiorari that sought to overturn our defeat of DOJ's arguments in the Seventh Circuit in Bernstein, et al. v. Bankert, et al. To see a copy of the front page Bloomberg Toxics Law Reporter article on our successful opposition brief in the Supreme Court, click here. For the Seventh Circuit's decision, click here. On January 20, 2015, the Supreme Court denied certiorari on a petition that we filed on behalf of Hobart Corporation, Kelsey-Hayes Company and NCR Corporation that sought review of a Sixth Circuit CERCLA decision that applied the shortest possible CERCLA statute of limitations to bar a contribution action that those companies had brought.
N.W. Bernstein & Associates, LLC
800 Westchester Avenue
Rye Brook, NY 10573-1361