GHG National Contingency Plan
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CERCLA Plaintiff’s Failure to Establish Past Costs Liability Precluded Declaratory Judgment as to Future Costs Liability
In a case of first impression, the Ninth Circuit ruled on August 2, 2010, that a plaintiff’s failure to establish defendants’ liability for plaintiff’s past costs, because they were not incurred consistent with the National Contingency Plan, “necessarily dooms” its attempt to obtain a declaratory judgment as to liability for future costs. City of Colton… Continue reading
