Lawsuit Against WTC Parties Fails, Could Impact Climate-Related Claims

摘要

The "act of war" affirmative defense relieves World Trade Center owners and lessees of superfund liability for dust that infiltrated a building a block away after the collapse of the Twin Towers, the U.S. Court of Appeals for the Second Circuit affirmed, in a ruling that could have implications for claims related to climate change (In re Sept. 11 Litig. (Cedar & Washington Assocs. LLC v. Port Auth. of N.Y. & N.J.), 2014 BL 123476, 2d Cir., No. 10-4197, 5/2/14). The superfund law "was not intended to create liability for the dispersal of debris and wreckage from a catastrophe that was indistinguishable from military attack in purpose, scale, means, and effect," the court said May 2.