Environment & Energy Report

EPA Dodges Liability Over Superfund Cleanup Assets-Taking

Dec. 3, 2018, 3:58 PM

A company that owns assets on a Superfund site in Alabama may not recover tort damages from the federal Environmental Protection Agency for the conversion of those assets during an EPA cleanup project, a federal appeals court ruled.

The unpublished Nov. 30 decision by the U.S. Court of Appeals for the Eleventh Circuit is the latest chapter in litigation over a Superfund site in Gadsden, Ala., that has spawned five lawsuits since 2010.

The appeals court upheld the dismissal of a Federal Torts Claims Act lawsuit brought by Gadsden Industrial Park LLC against the government and two federal contractors at...

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