W.R. Grace & Co. v. Zotos International, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
HALL, Circuit Judge:
Plaintiff W.R. Grace & Co.-Conn. (“Grace”) seeks to recover necessary response costs under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”) for costs Grace incurred in cleaning up a certain contaminated site in New York. The District Court (Skretny, J.) concluded Grace, which is itself a responsible party, is not entitled to recovery under CERCLA because Grace had not previously been a party to a CERCLA civil action, and entered judgment in favor of defendant Zo-tos International, Inc. (“Zotos”). W.R. Grace & Co. —Conn. v. Zotos…
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