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Queens West Development Corp. v. Honeywell International

ELR Citation: 41 ELR 20282
Nos. No. 10-4876, (D.N.J., 08/17/2011) (Sheridan, J.)

A district court dismissed a development company's CERCLA contribution claim against a large corporation for costs the company incurred investigating and remediating environmental contamination on property caused by the corporation's legal predecessor. The company failed to state a claim for contribution under CERCLA §113(f). The company engaged in the remediation and investigation of the site voluntarily, and costs incurred voluntarily are only recoverable under CERCLA §107(a). In addition, the company is not a PRP, and it has not entered an administrative or judicially approved settlement with the government as required by §113. The court also dismissed the company's nuisance claim. Historic contamination at a site does not constitute an invasion as required by nuisance case law. But the court denied the corporation's motion to dismiss the company's claim for restitution because it would be premature to dismiss an alternative cause of action at this early stage of litigation.