The State of New York v. Shore Realty Corp. And Donald Leogrande

OAKES, Circuit Judge:

This case involves several novel questions about the scope of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601-9657 (1982) (“CERCLA”), and the interplay between that statute and New York public nuisance law. CERCLA— adopted in the waning hours of the Ninety-sixth Congress, and signed by President Carter on December 11, 1980 — was intended to provide means for cleaning up hazardous waste sites and spills, and may generally be known to the public as authorizing the so-called Superfund, the $1.6 billion Hazardous Substances…