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New Developments in Environmental Law

In a recent decision with far-reaching implications for owners of contaminated property, the U.S. Supreme Court ruled that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, often referred to as the federal Superfund law) does not preclude claims under state laws for further cleanup of contaminated sites.

Published in CERCLA (Superfund)

In the case of Grand Manor Condominium Association v. City of Lowell, the Supreme Judicial Court established with clarity an important rule as to when the statute of limitations begins to run for filing in court a claim for property damage under the Massachusetts Superfund statute, General .Laws, Chapter. 21E, Section 5(a)(iii). The SJC ruled that a claim for such damage due to contamination does not accrue until the plaintiff learns that the damage is not reasonably or feasibly curable.

Published in CERCLA (Superfund)

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