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BRG Harrison Lofts Urban Renewal LLC v. GE

ELR Citation: 47 ELR 20059
Nos. 16-6577, (D.N.J., 04/03/2017) (Chesler, J.)

A district court allowed a CERCLA recovery claim to go forward in a case involving mercury cleanup at the Thomas Edison light bulb factory. The plaintiff bought the property from the seller and the parties entered into an indemnification and settlement agreement (ISA). The plaintiffs brought suit against the defendants for recovery of costs in connection with mercury contamination. The defendants moved to dismiss the claims, arguing that by signing the ISA the plaintiffs waived the right to bring the claims as a provision expressly states a waiver of claims arising out of environmental response activities. The plaintiff contended that the definition of environmental response activity did not bar the claim. The court agreed with the plaintiff that there were enough facts to allow the case to move forward.