A federal appeals court has ruled that the U.S. government’s takeover of the chemical industry during World Wars I and II does not make it liable for cleanup at a former chromium plant in Jersey City.

The U.S. Court of Appeals for the Third Circuit found a U.S. District Court judge made no error in concluding that the government is not liable for the cleanup of the Jersey City site because it never made decisions at the plant pertaining to the handling of toxic waste. PPG, the current owner of the property, never showed any evidence to suggest the government was involved in stockpiling waste outdoors, which led to the contamination, Judge D. Michael Fisher wrote for the panel Monday.

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