Second Circuit — Comprehensive Environmental Response, Compensation and Liability Act: In re September 11 Litigation

Listen to this article

U.S. Court of Appeals for the Second Circuit

Comprehensive Environmental Response, Compensation and Liability Act

Act of War

In re September 11 Litigation
10-4197-cv
Judges Jacobs, Cabranes and Livingston

Background: The appellant real estate developer sued the owners and lessees of the World Trade Center under the Comprehensive Environmental Response, Compensation, and Liability Act.  It appealed from a judgment dismissing its CERCLA indemnity claim for remediation costs it incurred as owner of a building contaminated by toxic dust from the Sept. 11, 2001 attacks on the World Trade Center.

Ruling: The Second Circuit affirmed. The court held that the attack constituted an “act of war” for which the CERCLA provides an affirmative defense.

Sari E. Kolatch of Cohen Tauber Spievack & Wagner for the appellant; Leah W. Sears of Schiff Hardin, Richard Williamson and Thomas A. Egan of Flemming Zulack Williamson Zauderer, Christopher Walsh and Paul M. Gauge of Gibbons, Peter L. Winik of Latham & Watkins, Charles F. Rysavy and Dawn M. Monsen, Maura K. Monaghan of Debevoise & Plimpton, and Jeffrey J. Ellis of Quirk and Bakalor for the appellees