May 8, 2019

Claims Against Caterpillar Can Proceed Despite “Mere Conclusory” Allegations in CERCLA Complaint

Claims against Caterpillar Global Mining LLC survived Caterpillar’s Motion to Dismiss on the ground that the allegations were merely conclusory in a CERCLA cost recovery claim before the U.S. District Court for the Southern District of Indiana. In its May 3 opinion, the Court stated that the information regarding who, what, when, and where, which would be required under a heightened pleading standard, isn’t required at the pleading stage in a Superfund action.  The plaintiff in the case acquired farmland in Richmond, Indiana in 2012, which was part of a larger property that included manufacturing operations.  Hazardous waste, including polychlorinated… Read more

Apr 2, 2012

Eleventh Circuit Issues Important Decision on Remedies Available Under CERCLA

By Andy Thompson, In a March 6, 2012 decision, the U.S. Court of Appeals for the Eleventh Circuit held that parties who enter into a consent decree with the U.S. Environmental Protection Agency (EPA) following an EPA enforcement action and then seek recovery of cleanup costs from other potentially responsible parties (PRPs) are limited to a contribution claim under § 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and may not simultaneously pursue a cost recovery action under § 107(a) of CERCLA. In the case of Solutia, Inc., et al. v. McWane, Inc., et al., the… Read more