Fourth Circuit Court of Appeals Judge James Wynn. Photo: Diego M. Radzinschi/ALM 4th Circuit Revives CERCLA Hazardous Waste Lawsuit Against Holdout Defendants
"It's a very important decision for Superfund sites across the country. The district court's decision, had it not been reversed on appeal, could have had the potential to disrupt these types of cases all across the country," said Gary D. Justis, who argued the appeal successfully on behalf of 68th Street Group.
June 26, 2024 at 04:42 PM
3 minute read
What You Need to Know
- The Fourth Circuit ruled the district court had applied an erroneous interpretation of CERCLA.
- Having knowledge of hazardous waste is not required to be liable under CERCLA, the appeals court wrote.
- Justis Law Firm founder Gary D. Justis argued the appeal successfully on behalf of 68th Street Group.
The U.S. Court of Appeals for the Fourth Circuit vacated multiple Baltimore federal court orders and revived an environmental lawsuit against six defendants accused of arranger liability in the disposal of hazardous substances in violation of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
Writing for the appeals court, Judge James Andrew Wynn in Tuesday's opinion said the district court "applied an erroneous interpretation" of CERCLA's arranger-liability provision "when it issued its orders denying leave to amend and granting judgment on the pleadings" in a Superfund Act complaint filed by 68th Street Site Work Group.
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