Home » News & Events » Press Releases » Jaeckle Prevails in Federal Appeal of Superfund Case to Recover Future Cleanup Costs and Obtain New Allocation

Jaeckle Prevails in Federal Appeal of Superfund Case to Recover Future Cleanup Costs and Obtain New Allocation

Release Date: January 10, 2012

NEWS RELEASE
FOR IMMEDIATE RELEASE:     
 
January 10, 2012
                                                                         
CONTACT:          
Meghan McDonnell                                                                                                                                                              
Marketing Director 
716.843.3935
mmcdonnell@jaeckle.com
 
 
Jaeckle Prevails in Federal Appeal of Superfund Case
to Recover Future Cleanup Costs and Obtain New Allocation
 
 
BUFFALO, NEW YORK — Jaeckle Fleischmann's environmental practice group recently won a significant victory on behalf of its client, Solvent Chemical Company, Inc. ("Solvent") when it obtained a Decision and a separate Summary Order from the United States Court of Appeals for the Second Circuit in New York v. Solvent Chemical Company, Inc., et al. (Docket No. 10-2026-cv (L)) (December 19, 2011) in which Solvent prevailed on both issues it raised on appeal from a Judgment from the Western District of New York issued in 2010. In the Decision, the Circuit Court panel reversed the Trial Court's ruling that Solvent was not entitled to a declaratory judgment enabling it to recover a portion of its future costs related to its ongoing remediation of the Solvent Chemical site in Niagara Falls, New York. In the Summary Order, the Circuit Court panel also adopted Solvent's position and reversed the Trial Court's allocation of approximately one-half of Solvent's remedial costs (i.e. the so-called "Hot Spot" costs), remanding the case back to the Western District for a reallocation. In the Summary Order, the Circuit Court also rejected all of the arguments raised by the Appellees, DuPont de Nemours & Company ("DuPont") and Olin Corporation ("Olin"). In combination, the award of future costs related to Solvent's ongoing remedial operations (which are expected to continue indefinitely) and the reallocation of almost 50% of its remediation costs are likely worth millions of additional dollars to Solvent. Jaeckle Fleischmann & Mugel, LLP has represented Solvent during the course of the litigation since 1996, when it negotiated a consent decree with the New York State Department of Environmental Conservation ("DEC") requiring implementation of an environmental cleanup at Solvent's former chemical facility in Niagara Falls, New York ("Site"). A case summary describing the details surrounding the trial and court ruling is available here.
 
            Jaeckle Fleischmann & Mugel, LLP is a full-service corporate law firm. The Firm's clients include Fortune 500 companies, publicly and privately held businesses, financial institutions, governmental entities, and universities, as well as individual business owners.   For more information, visit our website at www.jaeckle.com. 
 
###