Description
ADMIN/20324317v2 I. QUESTION PRESENTED Does CERCLA (specifically CERCLA § 113(h)) preempt Plaintiff’s public nuisance claim? II. FACTUAL BACKGROUND Plaintiff Town of Stratford (the “Town”) filed a lawsuit in State Court, Darby County, against Big Chem Corporation (“Big Chem”) and Major Metals International (“MMI”) for declaratory judgment, injunctive relief, and to recover fines for maintaining certain property located within and adjacent to the Town (the “Site”) as a public nuisance in violation...

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