Cooper Development Co. v. First National Bank

OPINION

WOLIN, District Judge.

In this case, the Court must decide the scope of application of the New Jersey Environmental Cleanup and Responsibility Act (“ECRA”) to a corporate transaction involving a parent corporation and its subsidiary. Before the Court are defendant’s motion to dismiss this suit pursuant to Federal Rule 12(b)(6) and plaintiff’s cross-motion for partial summary judgment pursuant to Federal Rule 56. For the reasons expressed below, the Court will deny defendant’s motion to dismiss. Because the Court finds that defendant is liable for a share of plaintiff’s cleanup costs, it…