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United States v. Savoy Senior Hous. Corp.

ELR Citation: 38 ELR 20074
Nos. No. 6:06cv031, (W.D. Va., 03/06/2008)

A district court denied a defendant's attempts to file a third-party complaint seeking contribution from third parties for violations of the Clean Water Act (CWA). Eighteen months after the suit commenced and one year after the first third-party complaint was filed, defendant sought to file a second third-party complaint bringing in many new parties. Such an action will unduly increase the cost of the present case and cause further delay. The claims contained in the complaint lack any merit under the CWA, so allowing it to be filed would be futile. Further, the CWA does not provide for contribution, and it has plainly occupied the field to such an extent that contribution claims are not allowed under federal common law or state law.