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Immunity for Cleanup Contractors Rejected;
Court Finds They Acted Independently of EPA

May 29, 2015, 4:00 AM

A pair of cleanup contractors can’t invoke the government contractor defense for burying and selling railroad tracks at a Superfund site because they acted independently of the Environmental Protection Agency, a federal court has ruled (Gadsden Indus. Park LLC v. United States, 2015 BL 162293, N.D. Ala., 14-CV-39, 5/22/15).

The owner of the railroad spur lines that were removed or buried during the Superfund site cleanup may pursue negligence and conversion claims against the contractors, the U.S. District Court for the Northern District of Alabama said May 22.

Because of the EPA’s unique federal interest in pursuing...

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