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Cooper Crouse-Hinds, LLC v. City of Syracuse

Dismissal of CERCLA Claims Denied for Unclear Resolution in Prior Consent Orders

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MEMORANDUM-DECISION AND ORDERI. INTRODUCTION

*1 On March 31, 2017, Plaintiffs Cooper Crouse-Hinds, LLC (“CCH”), and Cooper Industries, LLC (“CI”), filed the amended complaint in this action against Defendants City of Syracuse (the “City”) and County of Onondaga (the “County”). See Dkt. No. 26. This action arises out of the disposal of hazardous waste at landfills in Syracuse, New York. Plaintiffs seek relief pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), the New York Hazardous Waste Disposal Site Remedial Program Law (“State Superfund Law”), the New York Environmental Conservation Law, and the New York Oil Spill Act (“Navigation Law”), as well as common law causes of action. The City and the County filed separate motions to dismiss, which are presently before the Court. See Dkt. Nos. 29, 30. For the following reasons, the motions are granted in part and denied in part.II. BACKGROUNDThe Crouse-Hinds Company, the predecessor to Plaintiffs, was founded in 1897 and manufactured electronic equipment. See Dkt. No. 1 at14. In approximately 1911, the Crouse-Hinds Company built a manufacturing facility in Syracuse, New York. See id. at15. Between 1911 and 1948, the Crouse-Hinds Company acquired property (the “Site”) adjacent to the manufacturing facility that would later be used for the disposal of trash, including solid waste, foundry sands and cores, scrap wood, and other debris. See id. at

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