By: Daily Record Staff//May 9, 2014
By: Daily Record Staff//May 9, 2014//
U.S. Court of Appeals for the Second Circuit
Comprehensive Environmental Response, Compensation and Liability Act
Act of War
In re September 11 Litigation
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