Last month, the U.S. Court of Appeals for the Second Circuit decided Revitalizing Auto Communities Environmental Response Trust v. National Grid USA, No. 20-1931-cv (2d Cir. Aug. 18, 2021), another appellate decision amplifying the confusion around private actions to reallocate costs under the federal Superfund statute, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
‘RACER Trust’ and the Concinnity of CERCLA Sections 107 and 113
