In Brief

Vol. 43 No. 3

Theodore L. Garrett is a partner at Covington & Burling in Washington, D.C. He is a former chair of the Section and is a contributing editor of Trends.


A real estate developer that performed voluntary cleanup actions failed to state a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 113(f) contribution claim against the successor to a former owner, a district court held. Queens West Development Corp. v. Honeywell International, Inc., 2011 WL 3625137 (D.N.J. Aug. 17, 2011). Voluntary cleanup costs are only recoverable under CERCLA section 107(a), and plaintiff also did not claim that it is a responsible party. The company’s nuisance claim was dismissed because historic contamination on plaintiff’s property is not an invasion of property under state nuisance law.

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