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New York v. Shore Realty Corp.

Citation: 17 ELR 20588
No. No. 84-CV-0864, 648 F. Supp. 255/25 ERC 1305/(E.D.N.Y., 10/10/1986) Motions to dismiss third-party complaint

The court rules that the 60-day notice requirement in §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act does not apply to private cost recovery actions, and private parties need not obtain prior governmental approval and need only plead consistency with the National Contingency Plan (NCP) in general terms....

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