New York State Electric & Gas Corp. v. FirstEnergy Corp.

CHIN, Circuit Judge:

In this case, New York State Electric and Gas Corporation (“NYSEG”) sued FirstEnergy Corporation (“FirstEnergy”) under section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq. (“CERCLA”), to recover certain costs incurred in remediating coal tar contamination at certain of NYSEG’s manufactured gas plants in upstate New York. NYSEG contends that FirstEnergy is liable as the successor to NYSEG’s former parent company, Associated Gas & Electric Company (“AGECO”), for a portion of the cleanup costs.…