Noncompliance With Remediation Plan Does Not Doom Claim if State Involved in Cleanup

摘要

A company's failure to fully comply with a super-fund remedial action plan does not mandate dismissal of its cost recovery claim when it acted under a consent order with the state environmental agency and the county health department was involved in the cleanup, a federal court ruled March 30 (Rococo Associates Inc. v. Award Packaging Corp., E.D.N.Y., No. 06-CV-975, 3/30/11).